The Protection of Fundamental Rights by the Constitutional Court
Donald P. Kommers, Procedures for the Protection of Human Rights in Diffuse Systems of Judicial Review, in The Protection of Fundamental Rights by the Constitutional Court 96 (Council of Europe: Proceedings of the European Commission for Democracy Through Law, 1996).
Common-law systems throughout the world, as they have evolved, use a variety of practices in order to protect fundamental human rights. Among those practices are systems of diffuse judicial review, which is characterized by the power of courts at various levels of a judicial hierarchy to review cases that raise issues involving fundamental rights. The legal system of the United States is typical of diffuse systems of judicial review in the common law world. In the interest of economy, this paper is limited to the United States, although some attention is also given to Canada. It describes those procedures which either advance or implicate the protection of fundamental rights.
Council of Europe
Council of Europe, fundamental rights, Constitutional Court, human rights, judicial review
Comparative and Foreign Law | Constitutional Law | Courts | European Law | Human Rights Law | Law
Kommers, Donald P., "The Protection of Fundamental Rights by the Constitutional Court" (1996). Books. 337.