Constitutional Courts and Judicial Law-Making: Why Democratic Legitimacy Matters
نویسندگان
چکیده
منابع مشابه
The Rule of Law and the Legitimacy of Constitutional Democracy
The rule of law is a cornerstone of contemporary constitutional democracy1 as was underscored by its role in cementing the recent transitions from authoritarian or totalitarian regimes2 to constitutional democracy in Eastern Europe and elsewhere.3 In the broadest terms, the rule of law requires that the state only subject the citizenry to publicly promulgated laws, that the state’s legislative ...
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The judicial production of law and the legislative production of law make a striking distinction between the two legal traditions. Despite of these differences, judges in both legal traditions in adjudicating cases have a common task, which is the application of legal rules to the facts of cases pending for judgments. The tension between the certainty and the “discretion” is universal for any l...
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Joshua Cohen In this essay I explore the ideal of a 'deliberative democracy'.1 By a deliberative democracy I shall mean, roughly, an association whose affairs are governed by the public deliberation of its members. I propose an account of the value of such an association that treats democracy itself as a fundamental political ideal and not simply as a derivative ideal that can be explained in t...
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Today, in leading administrative law systems, the judicial process along with the law is the most important source of legal rules, and the law alone can not feed the legal system. Although in the administrative law system of Iran, the use of judicial procedure has often been considered as a source and interpretation of the law and not as the main source, but the role of administrative courts, ...
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ژورنال
عنوان ژورنال: Cambridge International Law Journal
سال: 2015
ISSN: 2398-9173,2398-9181
DOI: 10.4337/cilj.2015.02.12