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Les Juges Constituants

Published online by Cambridge University Press:  19 October 2010

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Abstract

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Constituent power of the courts, in dialogue, accommodation or even collaboration, has become undeniable. It raises at least two points for scholarship to contemplate. First, what is the foundation of this power in terms of classical constitutional theory? Second, instead of or apart from the courts and their interactions: what is the relationship, in this constituent activity, between the courts and the political institutions, including the people?

Keywords

MontesquieuEuropean UnionConstitutional reviewConstitutional courtsEuropean Court of JusticeEuropean Court of Human RightsBundesverfassungsgerichtConseil Constitutionnel
Type
Editorial
Information
European Constitutional Law Review , Volume 6 , Issue 2 , June 2010 , pp. 171 - 174
Copyright
Copyright © T.M.C. Asser Press and the Authors 2010