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Paris, Marie-Luce --- "Setting the scene: elements of constitutional theory and methodology of the research" [2016] ELECD 653; in Bell, John; Paris, Marie-Luce (eds), "Rights-Based Constitutional Review" (Edward Elgar Publishing, 2016) 1

Book Title: Rights-Based Constitutional Review

Editor(s): Bell, John; Paris, Marie-Luce

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784717605

Section Title: Setting the scene: elements of constitutional theory and methodology of the research

Author(s): Paris, Marie-Luce

Number of pages: 26

Extract:

Setting the scene: elements of
constitutional theory and methodology of
the research
Marie-Luce Paris

1. FOCUS OF THE STUDY
This book examines the broad issue of constitutional review in the
context of rights litigation. The topic has proved to be of continuous
academic, legal, political and societal significance not only because of
the prominence acquired by constitutional review but also because of the
continuing changes which subject its operation to new parameters in a
number of legal systems. The growth of constitutional review of legisla-
tion driven by the protection of fundamental rights has indeed been, and
continues to be, at the heart of comparative legal analysis.1 This is
particularly salient in light of recent developments seeking to adapt
review mechanisms to better constitutional protection of rights. These
developments, which have occurred in several countries, have taken
different forms ­ whether as acts of incorporation of the European
Convention on Human Rights (ECHR) such as, for example, the enact-
ment of the Human Rights Act 1998 in the United Kingdom (HRA) or
the enactment of the European Convention on Human Rights Act 2003
(ECHR Act) in Ireland, or as incorporation of bills of rights in a
non-European context such as, for example, the 2004 Australian Capital

1
See, among other comparative works, Gerhard Van der Schyff, Judicial
Review of Legislation: A Comparative Study of the United Kingdom, the
Netherlands and South Africa (Ius Gentium 2010); Allan R Brewer-Carías,
Constitutional Courts as Positive Legislators: A Comparative Law ...