From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 November 2024
- Subject(s):
- Constitutional interpretation — Judicial review — Powers and jurisdiction of constitutional courts/supreme courts — Individual complaints procedures — Fundamental rights
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani
1 Constitutional rights are one of the default features of contemporary democracies (democracy). Yet, the way of protecting these rights through judicial review varies across legal traditions. Most scholarly attention has been devoted to famous debates on the approaches adopted by a limited number of apex judges as regards critical disagreements on controversial rights, such as the overruling by the Supreme Court of the United States of its jurisprudence on abortion (Dobbs v Jackson Women’s Health Organization (2022) (US)). The protection of fundamental rights and...
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