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Constitutional Courts and Democratic ValuesA European Perspective$
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Victor Ferreres Comella

Print publication date: 2009

Print ISBN-13: 9780300148671

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300148671.001.0001

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Decentralizing Tendencies in the System

Decentralizing Tendencies in the System

(p.111) Chapter Ten Decentralizing Tendencies in the System
Constitutional Courts and Democratic Values

Víctor Ferreres Comella

Yale University Press

This chapter presents a number of forces, both internal and external, to the domestic legal systems that push the centralized model of judicial review toward a more decentralized arrangement. Internally, the pressure comes from the principle that ordinary judges should interpret statutes in conformity with the constitution. Externally, the pressure derives from supranational developments. Ordinary judges, working under the guidance of the European Court of Justice, are entitled to review national legislation to guarantee that the laws of the European Union are respected. In some countries, moreover, ordinary judges can also invoke the European Convention on Human Rights, as interpreted by the European Court of Human Rights, to set aside domestic legislation. These developments must be taken seriously, since they may harm some of the values that inspire the centralized model.

Keywords:   domestic legal systems, centralized model, decentralized arrangement, constitution, supranational developments, national legislation

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