Judges as Guardians of Constitutionalism and Human Rights

Edited by Martin Scheinin, Department of Law, European University Institute, Italy, Helle Krunke, CECS, Faculty of Law, University of Copenhagen and Marina Aksenova, Professor of International and Criminal Law, IE Law School, Madrid, Spain

'Constitutionalism is a system whereby legislatures and governments are bound by higher norms, often human rights norms. In this book, the focus is on the role of national and international courts in upholding these norms. Some observers say that there is nowadays an erosion of the rule of law and human rights. The book comes at the right time. It reminds the courts of their responsibility in this area, and public authorities of the need to respect their decisions.'--Paul Lemmens, Judge, European Court of Human Rights

• Contents:Preface1. IntroductionHelle Krunke and Martin ScheininPART I JUDGES AS GUARDIANS OF THE FUNDAMENTAL RIGHTS OF THE INDIVIDUAL2. On Judging Aharon Barak3. The Changing Understanding of Judicial LegitimacyOr Bassok4. Courts as Protectors of the People: Constitutional Identity, Popular Legitimacy and Human RightsHelle KrunkePART II JUDGES AND JUDGING IN TIMES OF TERRORISM AND SURVEILLANCE 5. Judges as Guardians of Constitutionalism and Human Rights: The Judiciary and Counter-Terrorism in the United KingdomDavid Hope (The Lord Hope of Craighead)6. The Judiciary and the Surveillance State: General Trends and German ExperiencesWolfgang Hoffmann-Riem7. Judicial Oversight of Surveillance: The Case of Ireland in Comparative PerspectiveTJ McIntyre8. Procedural Fairness and Judicial Review of Counter-Terrorism MeasuresDavid Jenkins9. The Judiciary in Times of Terrorism and Surveillance: A Global PerspectiveMartin ScheininPART III THE JUDICIARY IN TIMES TRANSITION10. The Role of the Judiciary in Egypt´s Failed Transition to DemocracyAntoni Abat i Ninet11. The Russian Constitutional Court in International Legal DialoguesBakhtiyar Tuzmukhamedov12. Guides and Guardians: Judiciaries in Times of TransitionEbrahim AfsahPART IV JUDGES AS GUARDIANS BEYOND THE NATION STATE: REGIONAL AND INTERNATIONAL PERSPECTIVES 13. Constitutionalism and Human Rights at the International Criminal CourtAnita Ušacka14. The Judicial Dialogue Between International and National Courts in the Inter-American Human Rights SystemCarlos Ayala15. The Role of Judges of the European Court of Human Rights as Guardians of Fundamental Rights of the IndividualDavid Thór Björgvinsson16. The Task of Regional and International Courts in Guarding Constitutionalism and Human RightsMarina Aksenova and Geir UlfsteinIndex