Krunke, Helle; Scheinin, Martin --- "Introduction" [2016] ELECD 695; in Scheinin, Martin; Krunke, Helle; Aksenova, Marina (eds), "Judges as Guardians of Constitutionalism and Human Rights" (Edward Elgar Publishing, 2016) 1

Book Title: Judges as Guardians of Constitutionalism and Human Rights

Editor(s): Scheinin, Martin; Krunke, Helle; Aksenova, Marina

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785365850

Section: Chapter 1

Section Title: Introduction

Author(s): Krunke, Helle; Scheinin, Martin

Number of pages: 24

Abstract/Description:

Professor Helle Krunke, Head of Centre for Comparative and European Constitutional Studies, University of Copenhagen, and Professor Martin Scheinin, International Law and Human Rights, EUI. The introduction sets out the purpose of the book namely to discuss the challenges which courts face for instance as a result of counter-terrorism measures, the surveillance state and democratic transitions with a specific emphasis on diversity both geographical and institutional. Another aim of the book is to facilitate a dialogue between judges in different settings (national, regional and international courts) around the world and academics. This way the book actively engages in and promotes the process of constitutional dialogue. Chapter 1 focusses on some common themes which transgress the different book sections and chapters: Judicial independence, the role of the public opinion and court legitimacy, interpretative techniques, hierarchy of norms, difficulties of transition and the judiciary in the specific context – from exceptionalism to common standards?