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Where Our Protection Lies
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Where Our Protection Lies: Separation of Powers and Constitutional Review

Dimitrios Kyritsis

Abstract

In this book Dimitrios Kyritsis advances an original account of constitutional review of primary legislation for its compatibility with human rights. Key to it is the value of separation of powers. When the relationship between courts and the legislature realizes this value, it makes a stronger claim to moral legitimacy. Kyritsis steers a path between the two extremes of the sceptics and the enthusiasts. Against sceptics who claim that constitutional review is an affront to democracy he argues that it is a morally legitimate institutional option for democratic societies because it can provide ... More

Keywords: constitutional review, judicial supremacy, separation of powers, democracy, democratic representation, deference, human rights, political legitimacy, constitutional theory, constitutional dialogue

Bibliographic Information

Print publication date: 2017 Print ISBN-13: 9780199672257
Published to Oxford Scholarship Online: September 2017 DOI:10.1093/oso/9780199672257.001.0001

Authors

Affiliations are at time of print publication.

Dimitrios Kyritsis, author
Associate Professor in Law, University of Reading