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The Judge as Political Theorist (Contemporary Constitutional Review) by Robertson, David is a scholarly article available to read on EtoBox.
What is The Judge as Political Theorist (Contemporary Constitutional Review) about?
It is contrary to human dignity to make the individual the mere tool of the state. The principle that "each person must always be an end in himself " applies unreservedly to all areas of the law: the intrinsic dignity of the person consists in acknowledging him as an independent personality. If this helps, well and good. -David Currie, commenting on a Federal Constitutional Court ruling The General Imposition of Rights The Structure of German Constitutional Review If so distinguished a commentator on the German Federal Constitutional Court (FCC) as David Currie admits the court's ideas on human dignity are less than transparently clear, we can be sure that grasping what the German experience means for understanding constitutional review is a major task. It is an unavoidable task. The court's record is so huge, all-encompassing, and important that one can find examples of almost any aspect of constitutional review in it. Many other, younger constitutional courts openly admit the influence it has on them. The case Currie is commenting on came to the FCC from one of the three main sources of reference to constitutional courts, a criminal law case in which the trial court referred
- Author
- Robertson, David
- Publisher
- Princeton University Press
- Published
- 2010
- Language
- EN
- ISBN
- 9781400836871