000			03453cam a2200325 a 4500
999			_c29966 _d29966
001			BD-DhNSU-29966
003			BD-DhNSU
005			20220120124619.0
008			220120s2013 enk b 001 0 eng|d
020			_a9781107613089
040			_aDLC _cDLC _dBD-DhNSU
041			_aeng
050	0	0	_aK3370 _b.B74 2013
100	1		_aBrewer Carías, Allan R. _91179
245	1	0	_aConstitutional courts as positive legislators : _ba comparative law study / _cAllan R. Brewer-Carias.
260			_aCambridge ; _aNew York : _bCambridge University Press, _c2013.
300			_axxviii, 933 p. ; _c24 cm.
504			_aIncludes bibliographical references and index.
505	8		_aMachine generated contents note: Part I. Constitutional Courts as Positive Legislators in Comparative Law: 1. Judicial review of legislation and the legislator; 2. The role of constitutional courts interfering with the constituent power; 3. Constitutional courts interfering with the legislator regarding existing legislation; 4. Constitutional courts interfering with the legislator regarding legislative omissions; 5. Constitutional courts as legislators on matters of judicial review; Part II. National Reports; Part III. Synthesis Report: Constitutional Courts As Positive Legislators In Comparative Law Preliminary Remarks.
520			_a"This book analyzes the role of constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination"--
520			_a"In all democratic states, constitutional courts, which are traditionally empowered to invalidate or to annul unconstitutional statutes, have the role of interpreting and applying the Constitution in order to preserve its supremacy and to ensure the prevalence of fundamental rights. In this sense they were traditionally considered "negative legislators," unable to substitute the legislators or to enact legislative provisions that could not be deducted from the Constitution. During the past decade the role of constitutional courts has dramatically changed as their role is no longer limited to declaring the unconstitutionality of statutes or annulling them. Today, constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution in order to preserve them, instead of deciding their annulment or declaring them unconstitutional. More frequently, Constitutional Courts, instead of dealing with existing legislation, assume the role of assistants or auxiliaries to the legislator, creating provisions they deduct from the Constitution when controlling the absence of legislation or legislative omissions. In some cases they act as "positive legislators," issuing temporary or provisional rules to be applied pending the enactment of legislation. This book analyzes this new role of the constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination"--
526	0		_aLaw
590			_aNuri Mahajabi
650		0	_aConstitutional courts. _99994
650		0	_aLegislative power. _926231
650		0	_aJudicial review. _926235
650		0	_aComparative law. _926236
650		7	_aLAW / Comparative _926237
942			_2lcc _cBK