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16 - Courts with Constitutional Jurisdiction

from Part IV - State Institutions

Published online by Cambridge University Press:  30 September 2019

By
Cheryl Saunders
Edited by
Roger Masterman  and
Robert Schütze
Roger Masterman
Affiliation:
University of Durham
Robert Schütze
Affiliation:
University of Durham
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Summary

All courts perform functions of a broadly constitutional kind. They provide a key mechanism for ensuring compliance with law and the peaceful resolution of disputes between people, according to law. Viewed from this perspective, they are integral to the capacity of a state to carry out its responsibility to establish and maintain internal peace and security.1 In one form or another, courts also are likely to be the forum for the resolution of that most challenging category of legal disputes: enforcing compliance with law by the institutions of the state itself. In each of these respects, courts are central to the rule of law. They may be analysed in terms of separation of powers or representative democracy, as well, where these are features of the constitution of the state.

Type
Chapter
Information
The Cambridge Companion to Comparative Constitutional Law , pp. 414 - 440
Publisher: Cambridge University Press
Print publication year: 2019

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References

Further Reading

Brewer-Carias, A.R., Constitutional Courts as Positive Legislators (Cambridge University Press, 2011).Google Scholar
Chen, A.H.Y. and Maduro, M.P., ‘The Judiciary and Constitutional Review’ in Tushnet, M., Fleiner, T. and Saunders, C. (eds), Routledge Handbook of Constitutional Law (Routledge, 2013).Google Scholar
Daly, T., The Alchemists: Questioning our Faith in Courts as Democracy Builders (Cambridge University Press, 2017).Google Scholar
Delledonne, G., ‘Relation of Constitutional Courts to Supreme Courts’, Max Planck Encyclopaedia of Comparative Constitutional Law (2017) http://oxcon.ouplaw.com/view/10.1093/law-mpeccol/law-mpeccol-e571 (accessed 11 May 2018).Google Scholar
Kante, B., ‘Models of Constitutional Jurisdiction in Francophone West Africa’ (2008) 3(2) Journal of Comparative Law 158.Google Scholar
De Visser, M., Constitutional Review in Europe: A Comparative Analysis (Hart Publishing, 2014).Google Scholar
Garlicki, L., ‘Constitutional Courts Versus Supreme Courts’ (2007) 5 International Journal of Constitutional Law 44.Google Scholar
Saunders, C., ‘Constitutional Review in Asia: A Comparative Perspective’, in Chen, Albert HY and Harding, Andrew (eds.), Constitutional Courts in Asia (Cambridge University Press, 2018).Google Scholar

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