Judges as guardians of constitutionalism and human rights
Title: Judges as guardians of constitutionalism and human rights
Publisher: Edward Elgar Publishing
Citation: Cheltenham ; Northampton : Edward Elgar Publishing, 2016
ISBN: 9781785365850; 9781785365867
This book considers the many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. The contributors, both academics and judges, discuss key examples of contemporary challenges to judging – including the nature of courts’ legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms.
Table of Contents:
-- 1. Introduction / Helle Krunke and Martin Scheinin -- PART I Judges as guardians of the fundamental rights of the individual -- 2. On Judging / Aharon Barak -- 3. The changing understanding of judicial legitimacy / Or Bassok -- 4. Courts as protectors of the people: constitutional identity, popular legitimacy and human rights / Helle Krunke -- PART II Judges and judging in times of terrorism and surveillance -- 5. Judges as guardians of constitutionalism and human rights: the judiciary and counter-terrorism in the United Kingdom / David Hope (The Lord Hope of Craighead) -- 6. The judiciary and the surveillance state: general trends and German experiences / Wolfgang Hoffmann-Riem -- 7. Judicial oversight of surveillance: the case of Ireland in comparative perspective / TJ McIntyre -- 8. Procedural fairness and judicial review of counter-terrorism measures / David Jenkins -- 9. The judiciary in times of terrorism and surveillance: a global perspective / Martin Scheinin -- PART III The judiciary in times of transition -- 10. The role of the judiciary in Egypt's failed transition to democracy / Antoni Abat i Ninet -- 11. The Russian Constitutional Court in international legal dialogues / Bakhtiyar Tuzmukhamedov -- 12. Guides and guardians: judiciaries in times of transition / Ebrahim Afsah -- PART IV Judges as guardians beyond the nation state: regional and international perspectives -- 13. Constitutionalism and human rights at the International Criminal Court / Anita Ušacka -- 14. The judicial dialogue between international and national aourts in the Inter-American human rights system / Carlos Ayala -- 15. The role of judges of the European Court of Human Rights as guardians of fundamental rights of the individual / David Thór Björgvinsson -- 16. The task of regional and international courts in guarding constitutionalism and human rights / Marina Aksenova and Geir Ulfstein