New Forms of Constitutional Review in the Commonwealth Countries. Recently, in Commonwealth countries such as Canada, UK, New Zealand and Australia (at state level), is emerging a new, distinctive, model of constitutional review, in which courts have broad authority to interpret Bill of Rights provisions, but national legislatures can override courts' interpretations of rights by ordinary majority vote. In the UK, New Zealand and Australia (at state level), where it is not possible for a court to read and give effect to legislation in a way which is compatible with a bill of rights norms, a court may make a formal «declaration of incompatibility». Such a declaration, however, does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given, and is not binding on the parties to the proceedings in which it is made, following the traditional principle of sovereignty of Parliament.

Diritti fondamentali e giustizia costituzionale: il nuovo modello degli ordinamenti di matrice anglosassone

DURANTI F
2013

Abstract

New Forms of Constitutional Review in the Commonwealth Countries. Recently, in Commonwealth countries such as Canada, UK, New Zealand and Australia (at state level), is emerging a new, distinctive, model of constitutional review, in which courts have broad authority to interpret Bill of Rights provisions, but national legislatures can override courts' interpretations of rights by ordinary majority vote. In the UK, New Zealand and Australia (at state level), where it is not possible for a court to read and give effect to legislation in a way which is compatible with a bill of rights norms, a court may make a formal «declaration of incompatibility». Such a declaration, however, does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given, and is not binding on the parties to the proceedings in which it is made, following the traditional principle of sovereignty of Parliament.
diritti fondamentali; giustizia costituzionale; ordinamenti di matrice anglosassone
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/20.500.12071/569
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