Where Our Protection Lies: Separation of Powers and Constitutional Review by Dimitrios KyritsisWhere Our Protection Lies: Separation of Powers and Constitutional Review by Dimitrios Kyritsis

Where Our Protection Lies: Separation of Powers and Constitutional Review

byDimitrios Kyritsis

Hardcover | August 26, 2017

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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 astronger 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 an effective check on the legislature. Although the latter represents the people and should thus be giventhe initiative in designing government policy, it carries serious risks, which institutional design must seek to avert. Against enthusiasts he maintains that fundamental rights protection is not the exclusive province of courts but the responsibility of both the judiciary and the legislature.Although courts may sometimes be given the power to scrutinize legislation and even strike it down, if it violates human rights, they must also respect the legislature's important contribution to their joint project. Occasionally, they may even have a duty to defer to morally sub-optimal decisions,as far as rights protection is concerned. This is as it should be. Legitimacy demands less than the ideal. In turn, citizens ought to accept discounts on perfect justice for the sake of achieving a reasonably just and effective political order overall.
Dimitrios Kyritsis is an Associate Professor in Law at the University of Reading since 2014. Prior to that he was Lecturer at the University of Sheffield and Hauser Global Law Fellow at New York University. He holds a DPhil from Oxford. His primary research interests are legal philosophy and constitutional theory.
Title:Where Our Protection Lies: Separation of Powers and Constitutional ReviewFormat:HardcoverDimensions:240 pages, 9.21 × 6.14 × 0.03 inPublished:August 26, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199672253

ISBN - 13:9780199672257

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Table of Contents

1. The Possibility of Constitutional Theory2. A Moral Map of Constitutional Polyphony3. Are the Courts the Forum of Constitutional Principle?4. Against the Democratic Objection5. A Little Less Conversation, A Little More Action6. Constitutional Review in Representative Democracy7. Two Modes of Judicial Deference8. Moral and Constitutional Rights9. Dynamic Separation of Powers