Constitutional Courts as Positive Legislators A Comparative Law Study |
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| Author:
| Brewer-Carías, Allan R. |
| ISBN: | 978-1-107-01165-6 |
| Publication Date: | Sep 2011 |
| Publisher: | Cambridge University Press
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| Book Format: | Hardback |
| List Price: | USD $140.00 |
Book Description:
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Constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution in order to preserve them, instead of deciding their annulment or declaring them unconstitutional. This book analyzes the courts' role, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination.
Constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution in order to preserve them, instead of deciding their annulment or declaring them unconstitutional. This book analyzes the courts' role, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination.