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Scheinin, Martin; Krunke, Helle; Aksenova, Marina --- "Judges as Guardians of Constitutionalism and Human Rights" (Edward Elgar Publishing, 2016) [2016] ELECD 690

Editor(s): Scheinin, Martin; Krunke, Helle; Aksenova, Marina

Title: Judges as Guardians of Constitutionalism and Human Rights

Topics: Constitutional and Administrative Law; Criminal Law and Justice; Human Rights; Law and Society

Publisher: Edward Elgar Publishing

Date of Publication: 29 April 2016

Number of pages: c 400

ISBN (hard cover): 9781785365850

EISBN: 9781785365867

Abstract/Description:

There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function.

The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; 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.

This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.