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Judicial Review and Electoral Law in a Global Perspective

Download or Read eBook Judicial Review and Electoral Law in a Global Perspective PDF written by Cristina Fasone and published by Hart Publishing. This book was released on 2023-08-24 with total page 0 pages. Available in PDF, EPUB and Kindle.
Judicial Review and Electoral Law in a Global Perspective
Author :
Publisher : Hart Publishing
Total Pages : 0
Release :
ISBN-10 : 9781509957880
ISBN-13 : 150995788X
Rating : 4/5 (80 Downloads)

Book Synopsis Judicial Review and Electoral Law in a Global Perspective by : Cristina Fasone

Book excerpt: This book explores the democratic underpinning of electoral systems and their evolution, as well as the methodological choices that constitutional judges are confronted with when managing electoral legislation. It presents a review of the case law in 13 legal systems, across North and South America, Africa, Asia, and Europe, identifying the underlying concept of democracy which courts seek to advance. The authors critically discuss the ideas of democracy that can be detected in each jurisdiction, their drivers, including the use of constitutional borrowing, and the effects of the judgments on the relationship between courts, representative institutions, and voters. The book looks in detail at judicial scrutiny and asks: - On what premises is judicial scrutiny grounded? - Why is there an increasing global trend towards judicial scrutiny? - What are the consequences for representative democracy? Until now, scholars have focused their attention on a few countries and on selected judgments, such as the US Supreme Court's landmark decision in Citizens United v FEC. This book offers a comparative reading of the issue by analysing how the circulation of models and arguments between judges has triggered the progressive overcoming of a traditionally deferent approach towards electoral norms, which still survives in a few jurisdictions.


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