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Governing with JudgesConstitutional Politics in Europe$
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Alec Stone Sweet

Print publication date: 2000

Print ISBN-13: 9780198297710

Published to Oxford Scholarship Online: April 2004

DOI: 10.1093/0198297718.001.0001

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Constitutional Adjudication and Parliamentary Democracy

Constitutional Adjudication and Parliamentary Democracy

Chapter:
(p.31) 2 Constitutional Adjudication and Parliamentary Democracy
Source:
Governing with Judges
Author(s):

Alec Stone Sweet

Publisher:
Oxford University Press
DOI:10.1093/0198297718.003.0002

Focuses on how and why parliamentary systems of governance have accommodated constitutional review. The American and European models of constitutional review are contrasted, and the history, structure, and function of European constitutional courts are surveyed. The necessity of review in defending human rights and its conceptualization as a means of completing the constitution over time are found to be particularly important across these cases, but factors explaining the variance in the judicialization of European law‐making are also identified. The chapter ends with a discussion of the main determinants of European constitutional politics.

Keywords:   constitutional contracting, constitutional review, Kelsenian court, parliamentary democracy, Relational contract

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