| Description |
1 online resource (287 p.) |
| Series |
Routledge Research in Public Law Series |
|
Routledge Research in Public Law Series
|
| Contents |
Cover -- Half Title -- Series Page -- Title Page -- Dedication -- Table of Contents -- Acknowledgements -- Glossary -- List of figures -- List of tables -- Introduction -- 0.1 The relevance of the research -- 0.2 The equilibrium of parliamentary law-making -- 0.3 The actors and their relationship -- 0.4 The state of equilibrium and its disturbance -- 0.5 The preservation and the restoration of the equilibrium -- 0.6 The constitutional court in the equilibrium -- 0.7 Literature review and research questions -- 0.8 Methodology -- References |
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Chapter 1 The equilibrium of parliamentary law-making: A normative standard derived from the principles of constitutionalism -- 1.1 Introduction -- 1.2 The requirements of parliamentary law-making derived from constitutionalism -- 1.3 Compliance with the requirements of constitutionalism -- 1.4 Conclusion -- References -- Chapter 2 The disturbance of the equilibrium: Non-compliance with the requirements of constitutionalism -- 2.1 Introduction -- 2.2 The political reality of parliamentary law-making -- 2.3 The forms of non-compliance with the requirements of constitutionalism -- 2.4 Conclusion |
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4.3 The obviousness of the violation -- 4.4 The seriousness of the violation -- 4.5 Conclusion -- References -- Chapter 5 The preservation and restoration of the equilibrium: Judicial enforcement of the requirements of constitutionalism -- 5.1 Introduction -- 5.2 Separation of powers and checks and balances -- 5.3 Democracy -- 5.4 Rule of Law -- 5.5 Conclusion -- References -- Chapter 6 The extent of judicial influence in the equilibrium: Judicialization of parliamentary law-making -- 6.1 Introduction -- 6.2 The distance between the political branches and the courts |
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6.3 The depth of judicial intervention in parliamentary law-making -- 6.4 The scope of judicially cognizable issues -- 6.5 Conclusion -- References -- Chapter 7 A long road towards the achievement of equilibrium: Legislative riders in France -- 7.1 Introduction -- 7.2 The original state of disequilibrium: from one extreme to another -- 7.3 In search of the equilibrium: the evolution of the parliamentary practice and regulation, and the constitutional case law -- 7.4 An equilibrium found? Joint efforts to guarantee the constitutionality of parliamentary law-making -- 7.5 Conclusion -- References |
| Summary |
This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of these flaws. It combines theoretical analysis with case-law-centered comparative research covering a large number of decisions by apex courts operating in various jurisdictions |
| Notes |
Description based upon print version of record |
| Bibliography |
References -- Chapter 3 Guardians of the equilibrium: Non-judicial and judicial enforcement of the requirements of constitutionalism -- 3.1 Introduction -- 3.2 The guarantees of compliance: self-compliance, non-judicial and judicial enforcement -- 3.3 Non-judicial enforcement -- 3.4 Judicial review as an additional layer of enforcement -- 3.5 Judicial enforcement -- 3.6 Conclusion -- References -- Chapter 4 How to recognize disturbances in the equilibrium?: Standards in constitutional judicial review -- 4.1 Introduction -- 4.2 The status of the violated rules in the hierarchy of norms |
| Notes |
Chapter 8 An equilibrium never searched thus never found: Lack of public participation in law-making in Hungary |
| Subject |
Democracy.
|
| Form |
Electronic book
|
| ISBN |
9781040097502 |
|
1040097502 |
|
