Judicial Review: A Comparative Analysis Inside the European Legal System

Front Cover
Susana Galera
Council of Europe, Jan 1, 2010 - Law - 330 pages
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"The traditional state model, based on a domestic approach to rule of law, is currently evolving towards a new one, where international factors and relations play a prominent role. This trend is also characterized by the pre-eminence of executive powers, along with a weakening of parliamentary balances and judicial controls. This work seeks to answer two essential questions concerning the rule of law: how can citizens challenge public decisions affecting them, and what kinds of public decisions can be judicially controlled. Two groups of legal regulations are considered in this analysis: the so-called European legal tradition, covering nine national laws strongly influenced by Council of Europe legal standards since 1950, and the more recent body of European Union law. The authors conclude that the issue of individual guarantees vis--vis public powers should be carefully monitored in Europe."--
 

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Contents

Foreword
9
Law as a limit to power The origins of the rule of
15
European constitutionalism after the Second World War
37
National legal tradition Czech Republic
51
National legal tradition France
71
National legal tradition Hungary
87
National legal tradition Romania
97
National legal tradition Spain
113
National legal tradition United Kingdom
157
European regional tradition The Council of Europe
173
The EUs first pillar Constitutional basis
211
The EUs second pillar Foreign and security policy
245
The EUs third pillar Police and judicial cooperation
261
The European contribution to an emerging global law
301
Council of Europe Recommendation Rec200420
311
Copyright

National legal tradition Sweden
137

Common terms and phrases

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