The exceptional role of courts in the constitutional order
This Article looks at a rare part of the judicial role: those exceptional cases when the judge is called upon to pass judgment on the constitution itself. This arises in three groups of cases, roughly speaking. First, in exceptional cases the validity of the constitution and the legal order is throw...
| Main Authors: | , |
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| Format: | Journal article |
| Language: | English |
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Notre Dame Law School
2017
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| _version_ | 1826309176683397120 |
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| author | Barber, N Vermeule, A |
| author_facet | Barber, N Vermeule, A |
| author_sort | Barber, N |
| collection | OXFORD |
| description | This Article looks at a rare part of the judicial role: those exceptional cases when the judge is called upon to pass judgment on the constitution itself. This arises in three groups of cases, roughly speaking. First, in exceptional cases the validity of the constitution and the legal order is thrown into dispute. Second, on some occasions the judge is asked to rule on the transition from one constitutional order to another. Third, there are some cases in which the health of the constitutional order requires the judge to act not merely beyond the law, as it were, but actually contrary to the law. This Article surveys these situations, and reflects on the principles and processes judges have used, and should use, to guide their reasoning. |
| first_indexed | 2024-03-07T07:30:16Z |
| format | Journal article |
| id | oxford-uuid:60adb5b9-83d7-4323-be0d-fb63fe8c571c |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-07T07:30:16Z |
| publishDate | 2017 |
| publisher | Notre Dame Law School |
| record_format | dspace |
| spelling | oxford-uuid:60adb5b9-83d7-4323-be0d-fb63fe8c571c2023-01-12T17:02:54ZThe exceptional role of courts in the constitutional orderJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:60adb5b9-83d7-4323-be0d-fb63fe8c571cEnglishSymplectic Elements at OxfordNotre Dame Law School2017Barber, NVermeule, AThis Article looks at a rare part of the judicial role: those exceptional cases when the judge is called upon to pass judgment on the constitution itself. This arises in three groups of cases, roughly speaking. First, in exceptional cases the validity of the constitution and the legal order is thrown into dispute. Second, on some occasions the judge is asked to rule on the transition from one constitutional order to another. Third, there are some cases in which the health of the constitutional order requires the judge to act not merely beyond the law, as it were, but actually contrary to the law. This Article surveys these situations, and reflects on the principles and processes judges have used, and should use, to guide their reasoning. |
| spellingShingle | Barber, N Vermeule, A The exceptional role of courts in the constitutional order |
| title | The exceptional role of courts in the constitutional order |
| title_full | The exceptional role of courts in the constitutional order |
| title_fullStr | The exceptional role of courts in the constitutional order |
| title_full_unstemmed | The exceptional role of courts in the constitutional order |
| title_short | The exceptional role of courts in the constitutional order |
| title_sort | exceptional role of courts in the constitutional order |
| work_keys_str_mv | AT barbern theexceptionalroleofcourtsintheconstitutionalorder AT vermeulea theexceptionalroleofcourtsintheconstitutionalorder AT barbern exceptionalroleofcourtsintheconstitutionalorder AT vermeulea exceptionalroleofcourtsintheconstitutionalorder |