04061nam 2200673Ia 450 991082312790332120230725051635.01-282-63956-097866126395621-4008-3687-510.1515/9781400836871(CKB)2550000000018944(EBL)539803(OCoLC)697175254(SSID)ssj0000438566(PQKBManifestationID)11280991(PQKBTitleCode)TC0000438566(PQKBWorkID)10451998(PQKB)11643815(MiAaPQ)EBC539803(MdBmJHUP)muse36855(DE-B1597)446833(OCoLC)979623958(DE-B1597)9781400836871(Au-PeEL)EBL539803(CaPaEBR)ebr10395108(CaONFJC)MIL263956(EXLCZ)99255000000001894420090930d2010 uy 0engur|n|---|||||txtccrThe judge as political theorist contemporary constitutional review /David RobertsonCourse BookPrinceton, N.J. Princeton University Pressc20101 online resource (433 p.)Description based upon print version of record.0-691-14403-6 0-691-14404-4 Includes bibliographical references and index. Frontmatter -- Contents -- Preface -- Chapter One. The Nature and Function of Judicial Review -- Chapter Two. Germany: Dignity and Democracy -- Chapter Three. Eastern Europe: (Re)Establishing the Rule of Law -- Chapter Four. France: Purely Abstract Review -- Chapter Five. Canada: Imposing Rights on the Common Law -- Chapter Six. South Africa: Defining a New Society -- Chapter Seven. Tests of Unconstitutionality and Discrimination -- Chapter Eight. Conclusions: Constitutional Jurists as Political Theorists -- Cases Cited -- Bibliography -- IndexThe Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.Judicial reviewPolitical questions and judicial powerConstitutional courtsJudicial review.Political questions and judicial power.Constitutional courts.347/.012Robertson David1946-1594948MiAaPQMiAaPQMiAaPQBOOK9910823127903321The judge as political theorist4022302UNINA