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Constitutional designs: lessons we can learn from the early American republic

Abstract:

This article addresses the vexed question of who should have the 'last word' in saying what a democratic constitution means in controversies between the Judiciary and the other Branches of government. The aim is to contribute to debates in post-Communist Central and Eastern Europe (CEE), which to date have been dominated by the paradigm of a Constitutional Court (CC) with monopoly power to expound the constitution. This institutional configuration sits uneasily with the separation of powers a...

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Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Division:
SSD
Department:
Politics & Int Relations
Role:
Author
Publisher:
Universul Juridic Publishing House
Journal:
Romanian Journal of Comparative Law More from this journal
Volume:
2
Pages:
348-382
Publication date:
2013-01-01
Language:
English
Keywords:
Subjects:
UUID:
uuid:f6633684-28ac-40c8-931c-ed19ae55ad3f
Local pid:
ora:8489
Deposit date:
2014-05-30

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