|
|
Paper Stats:
Abstract Views: 154
Downloads: 48
|
Advisory Counterparts to Constitutional Courts
|
CHRISTOPHER S. ELMENDORF
University of California, Davis - School of Law
UC Davis Legal Studies Research Paper No. 78
Duke Law Journal, Vol. 56, 2007
|
| |
|
| |
Abstract:
In recent years, constitutional scholars have paid a great deal of attention to the emergence of constitutional courts and judicial review in democracies worldwide, yet an intriguing parallel development in democratic constitutionalism has gone largely unnoticed: the establishment of independent bodies which, like constitutional courts, are concerned with foundational commitments of liberal democracy, but which advance these commitments mainly through investigations and advice-giving. Lacking authority to block the implementation of unconstitutional laws and policies, the new advice givers instead make their contributions ex ante, identifying problems that warrant legislative attention and helping to craft laws and regulations that respond to foundational aspirations. This Article surveys the emergence of these advisory counterparts to constitutional courts and offers an account of their comparative advantage, relative to constitutional courts, as guardians of liberality. The Article also presents an initial treatment of the advisory counterparts' characteristic limitations and dangers, and explores some associated questions of institutional design.
|
| |
Keywords: constitution, constitutional law, comparative law, judicial review
|
| |
Accepted Paper Series
|
| |
Suggested Citation
Elmendorf, Christopher S., "Advisory Counterparts to Constitutional Courts"
.
Duke Law Journal, Vol. 56, 2007 Available at SSRN: http://ssrn.com/abstract=931467
|
| |
Contact Information for
CHRISTOPHER
S.
ELMENDORF
(Contact Author)
Email address for CHRISTOPHER
S.
ELMENDORF
University of California, Davis - School of Law
Martin Luther King, Jr. Hall
Davis
, CA
95616-5201
United States
530-752-5756 (Phone)
530-753-5311 (Fax)
|
| |
|
| |
SSRN Electronic Paper Collection
|
Download the document from:
|
| Social Science Research Network |
 |
| Chicago GSB |
 |
| European Corporate Governance Institute |
 |
| Korea University |
 |
| Stanford Law School |
 |
|
|
| |
Email Abstract or
Full Text Paper |
 |
Add to
My Briefcase |
 |
|
If you are experiencing download difficulties,
click here.
Are you still having problems or need additional help? Contact us at Support@SSRN.Com.
|
| |
Format Type |
Number of Downloads |
Date
Posted |
File Size
|
File name |
Acrobat File |
48 |
Sep 19, 2006 |
895K
| SSRN_ID931548_code366600.pdf |
|
| |
|
| |
The latest version of Adobe Acrobat Reader or Adobe Acrobat is required to view this paper. To obtain your free copy, click on the Acrobat button.
|
| |
SSRN Resources
To search for other abstracts in the SSRN archival database, click here.
To order a membership to an SSRN Network or to subscribe to one or more of SSRN's journals,
go to our online subscription request form.
To go to SSRN's main web site (www.ssrn.com), click here.
|
© 2006 Social Science Electronic Publishing, Inc. All Rights Reserved. Terms of Use
This page was served by hermes 1 in 0.25 seconds.
|
