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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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The Impact of the European Court of Justice

The Impact of the European Court of Justice

(p.122) Chapter Eleven The Impact of the European Court of Justice
Constitutional Courts and Democratic Values

Víctor Ferreres Comella

Yale University Press

This chapter describes the two powerful courts that constitutional tribunals now encounter: the European Court of Justice (ECJ) in Luxembourg and the European Court of Human Rights (ECHR) in Strasbourg. The jurisprudence of these two courts empowers ordinary judges in ways that undermine, or could potentially undermine, the centrality of constitutional tribunals when it comes to reviewing national legislation. This chapter focuses on E.U. law and the ECJ, and the next chapter is devoted to the ECHR. The chapter cannot, and does not, address all the constitutional issues that the existence of these two European courts raise. It simply aims to offer some thoughts on how well or how poorly the Kelsenian model fits with the judicial arrangements that have been established in the supranational sphere and what should be done to guarantee a better fit.

Keywords:   powerful courts, constitutional tribunals, European Court of Justice, ECJ, European Court of Human Rights, ECHR

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