Judicial Review: A Comparative Analysis Inside the European Legal System
The traditional state model, based on a domestic approach to rule of law, is currently evolving towards a new one, where international factors and relations play a prominent role.
This trend is also characterised by the pre-eminence of executive powers, along with a weakening of parliamentary balances and judicial controls.
This work seeks to answer two essential questions concerning the rule of law: how can citizens challenge public decisions affecting them, and what kinds of public decisions can be judicially controlled.
Two groups of legal regulations are considered in this analysis: the so-called European legal tradition, covering nine national laws strongly influenced by Council of Europe legal standards since 1950, and the more recent body of European Union law.
The authors conclude that the issue of individual guarantees vis-à-vis public powers should be carefully monitored in Europe.
|Publisher:||Council of Europe|