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Where Our Protection Lies : Separation of Powers and Constitutional Review by Dimitrios Kyritsis is a nonfiction available to read on EtoBox.

What is Where Our Protection Lies : Separation of Powers and Constitutional Review about?

In This Book Dimitrios Kyritsis Advances An Original Account Of Constitutional Review Of Primary Legislation For Its Compatibility With Human Rights. Key To It Is The Value Of Separation Of Powers. When The Relationship Between Courts And The Legislature Realizes This Value, It Makes A Stronger Claim To Moral Legitimacy. Kyritsis Steers A Path Between The Two Extremes Of The Sceptics And The Enthusiasts. Against Sceptics Who Claim That Constitutional Review Is An Affront To Democracy He Argues That It Is A Morally Legitimate Institutional Option For Democratic Societies Because It Can Provide An Effective Check On The Legislature. Although The Latter Represents The People And Should Thus Be Given The Initiative In Designing Government Policy, It Carries Serious Risks, Which Institutional Design Must Seek To Avert. Against Enthusiasts He Maintains That Fundamental Rights Protection Is Not The Exclusive Province Of Courts But The Responsibility Of Both The Judiciary And The Legislature. Although Courts May Sometimes Be Given The Power To Scrutinize Legislation And Even Strike It Down, If It Violates Human Rights, They Must Also Respect The Legislature's Important Contribution To Thei

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Author

Dimitrios Kyritsis

Publisher

IRL Press at Oxford University Press

Published

2017

Language

EN

ISBN

9780191652424

Category

nonfiction

Subjects

Law, Political Science