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Edition · 2009-12-01 · Softcover

Constitutional Courts and Democratic Values

VCVictor Ferreres Comella
2009
year of publication
256
pages
English (United States)
language
Softcover
cover
Publisher
Yale University Press
ISBN-13
978-03-0014-867-1
EAN
9780300148671
Publication date
2009-12-01
Book
Constitutional Courts and Democratic Values · 1 edition
The publisher on this edition

In this book, Victor Ferreres Comella contrasts the European " centralized" constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralized model, such as that of the United States, in which courts deal with both constitutional and nonconstitutional questions. Comella's systematic exploration of the reasons for and against the creation of constitutional courts is rich in detail and offers an ambitious theory to justify the European preference for them. Based on extensive research on eighteen European countries, Comella finds that centralized review fits well with the civil law tradition and structures of ordinary adjudication in those countries. Comella concludes that--while the decentralized model works for the United States--there is more than one way to preserve democratic values and that these values are best preserved in the parliamentary democracies of Europe through constitutional courts.