Judges as Guardians of Constitutionalism and Human Rights
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Judges as Guardians of Constitutionalism and Human Rights

Edited by Martin Scheinin, Helle Krunke and Marina Aksenova

This book considers the many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. The contributors, both academics and judges, discuss key examples of contemporary challenges to judging – including the nature of courts’ legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms.
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Chapter 2: On judging

Aharon Barak

Abstract

Aharon Barak, former Chief Justice of the Supreme Court of Israel. The author addresses a number of general questions as regards the role of judges as guardians of the Constitution. Among others he discusses constitutional interpretation, judicial lawmaking, judicial discretion and balancing and the importance of standing hence automatically touching upon court legitimacy. Furthermore, fundamental questions such as the role of courts in a democracy and justifiability of courts are given attention.

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