Supermajorities in Constitutional Courts

ISBN-13: 9781032599694 / Twarda / 2024 / 232 str.

Mauro Arturo Rivera Leon

Opis

This book explores systems employing supermajorities in constitutional adjudication by performing a comparative analysis of ten jurisdictions and twelve supermajority models. It introduces a typology of the main models of institutional design, the reasons leading policymakers to establish them, and the impact supermajorities have on courts.

Spis treści

Acknowledgments;  PART I: THEORY OF SUPERMAJORITIES;  1. Introduction;  2. Voting Protocols and Supermajorities: A Conceptual Introduction;  PART II: SUPERMAJORITIES IN PRACTICE;  3. The Historical Supermajorities;  4. The Contemporary Supermajorities;  PART III: A COMPARATIVE ANALYSIS OF SUPERMAJORITIES IN CONSTITUTIONAL COURTS;  5. An Empirical Theory of Supermajority Rules;  6. How do Supermajorities impact Constitutional Courts: Consensus requirements and paralysis assessment;  7. Conclusions;  Appendix;  Bibliography

O autorze

Mauro Arturo Rivera León is Assistant Professor at the Silesian University in Katowice, Poland. Dr. Rivera has been visiting researcher at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany, the Perelman Center for Philosophy of Law, the Free University of Brussels, Belgium. He is a member of the National System of Quality Researchers in Mexico (CONACYT-SNI), level II (senior researcher). He is the author of six books, including four legal research monographs and more than 40 scientific papers/book chapters in Spanish, English, and Polish. He has received seven national prizes for his research.