European Constitutional Courts and Transitions to Democracy

Biagi, Francesco

doi:10.1017/9781108776783

Cited by 5 publications

(4 citation statements)

References 65 publications

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“…Each body is specialized in one of the three functions. Or executive or judicial, so as to prevent misuse of it and also helps to monitor the exercise of powers by any of them 4 .…”

Section: First: the Principle Of Separation Of Powers And Human Rightsmentioning

confidence: 99%

“…Among the definitions of the Administrative Court of Sovereignty Acts, "These are the actions and procedures that are considered by the government as a authority of ruling, not an administrative authority, and it is the one that comes out of the administrative judiciary control and the administrative court 79 of 2020.28 For more, see Dr. Noman Ahmed Al -Khatib: "The most prominent features of the administrative judiciary in the Hashemite Kingdom of Jordan, a research published in the Lawyers Syndicate Journal. Volume(4,5,6) 2016, p. 40 29. Conseil d'Etat, ordonance du 26 out 2016.…”

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confidence: 99%

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The Constitutional Rule Is the Most Important Guarantee of Human Rights in the Middle East and North Africa (Mena) (The Jordanian Case)

BILAL N. ABU AISHEH et al.

2023

RLJ

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This study came to investigate the constitutional guarantees for preserving human rights by focusing on the Jordanian case, and for the purposes of achieving the objective of the study, the descriptive analytical approach was followed, by examining the role of each of the principle of separation of powers and control over the constitutionality of laws and control over the work of the administration in guaranteeing human rights And their freedoms recognized by the Jordanian constitution. The study reached a number of results, the most prominent of which is: the principle of separation of powers and oversight of the constitutionality of laws and oversight over the actions of the administration are among the most important guarantees that work to establish these rights and ensure work on their proper implementation and enjoyment by individuals, until they became constitutional principles and titles for the contemporary legal state. The study recommended Activating oversight of the constitutionality of laws by establishing judicial bodies that handle them, such as the constitutional courts, and facilitating access to them by individuals and institutions without obstacles, in addition to establishing a strong and independent administrative judiciary to ensure the principle of legality and prevent the administration from violating the law or deviating from the use of power, and narrowing the sphere of sovereignty.

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“…Each body is specialized in one of the three functions. Or executive or judicial, so as to prevent misuse of it and also helps to monitor the exercise of powers by any of them 4 .…”

Section: First: the Principle Of Separation Of Powers And Human Rightsmentioning

confidence: 99%

mentioning

confidence: 99%

The Constitutional Rule Is the Most Important Guarantee of Human Rights in the Middle East and North Africa (Mena) (The Jordanian Case)

BILAL N. ABU AISHEH et al.

2023

RLJ

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“…See also Taylor 2007;Lustig and Weiler 2018;Seligman andMontgomery 2019. 2006;Dowdle and Wilkinson 2017;Lustig and Weiler 2018;Biagi 2019). This rightscentered model, however, does not address additional, collective needs of a polity, including the formulation of common identity, purpose, or good (Brown 2004;Choudhry 2010;Gauchet 2017, 675;Weiler 2018).…”

Section: The Power and Ethical Depth Of The Challenge Of Belonging: T...mentioning

confidence: 99%

“…68 On the institutional level, this insight elicits the recognition that rights constitutionalism too is circumscribed to a limited-albeit immensely important-part of social and political life. It is a model that developed and spread globally under historical conditions that demanded checks on state power, and this remains its central role (Weinrib 2006;Dowdle and Wilkinson 2017;Lustig and Weiler 2018;Biagi 2019). This rightscentered model, however, does not address additional, collective needs of a polity, including the formulation of common identity, purpose, or good (Brown 2004;Choudhry 2010;Gauchet 2017, 675;Weiler 2018).…”

Section: The Power and Ethical Depth Of The Challenge Of Belonging: T...mentioning

confidence: 99%

Rights Constitutionalism and the Challenge of Belonging: An Empirical Inquiry into the Israeli Case

Alexander

2022

Law Soc. Inq.

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Rights constitutionalism faces a global crisis of legitimacy, and recent years have seen a surge in scholarship on the crisis. The vast majority of analyses focus on broad structural factors and processes. This article takes a different approach: sociological and bottom up. I use qualitative discourse analysis to examine how social actors in Israel justified their antagonism toward rights constitutionalism in three cases where judicial intervention for human rights encountered exceptional public opposition and political backlash. The analysis reveals that social actors used discourses of belonging—both liberal and non-liberal—to challenge rights constitutionalism as a constraint on democratic politics, when they perceived rights protection as conflicting with or undervaluing boundaries of collective identity. Based on these findings, I introduce a new concept—the challenge of belonging—that expresses the normative tension between individual rights and collective belonging. By highlighting the ethical dimension of social opposition to rights constitutionalism, the sociological approach allows a nuanced understanding of such opposition. The challenge of belonging can account for mixed attitudes in the same polity and even in the same social group on rights-oriented judicial intervention, and it points to a common normative thread linking attacks on liberal constitutionalism in vastly different sociopolitical settings.

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European Constitutional Courts and Transitions to Democracy

Cited by 5 publications

References 65 publications

The Constitutional Rule Is the Most Important Guarantee of Human Rights in the Middle East and North Africa (Mena) (The Jordanian Case)

The Constitutional Rule Is the Most Important Guarantee of Human Rights in the Middle East and North Africa (Mena) (The Jordanian Case)

Rights Constitutionalism and the Challenge of Belonging: An Empirical Inquiry into the Israeli Case

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