Oeuvres de Monsieur de Montesquieu.- V. 2

Tomo 2: Les X derniers livres de l'esprit des loix ; La défense de l'esprit des loix ; Lysimaque ; Remerciment sincère ; La table générale des matières de l'esprit des loix .- [4], XVI, 643 p., [1] en bl. ; [ ]2, a-b4, A-Z4, 2A-2Z4, 3A-3Z4, 4A-4L4, 4M2

Del espiritu de las leyes

Pie de imp. del vol. III: Madrid, en la Imprenta de doña Rosa Sanz.Retrato de Montesquieu en p. II del vol. I: "Aº Guerrero dibº", "Esteban Boix grabó

Judicial Review, Irrationality, and the Legitimacy of Merits-Review

The definition of the irrationality ground of judicial review recognises the constitutional principle of the separation of powers, in allowing for judicial control of the executive only very rarely. The author in a previous article in this study found that the courts, on occasions, had intervened in circumstances where administrative decisions arguably were not irrational. To this end, the purpose of this article is to assess the constitutionality of these seemingly low standards of irrationality. The author does so by reference either to the manner of review employed—the use of the proportionality principle, for example—or the context of the administrative decision under scrutiny, such as the infringement of the applicant’s fundamental rights. The author finds that the cases from the previous article where low standards of irrationality were arguably adopted were, in fact, legitimate according to these chosen methods of evaluation. However, this is an interim conclusion because, for reasons of word length, the author is unable to complete a full assessment here. It is therefore proposed that a subsequent article will continue to examine the constitutionality of these cases. Furthermore, the author will also try and establish a zone of executive decision-making, for reasons of democracy, where the courts are excluded from irrationality review. If the author is unsuccessful in this regard, the final conclusion of this study will inevitably be that low standards of judicial intervention exist without limit—a clear assault on the constitutional principle stated above

Constitutional Ethnography: An Introduction

Constitutional ethnography is the study of the central legal elements of polities using methods that are capable of recovering the lived detail of the politico-legal landscape. This article provides an introduction to this sort of study by contrasting constitutional ethnography with multivariate analysis and with nationalist constitutional analysis. The article advocates not a universal one-size-fits-all theory or an elegant model that abstracts away the distinctive, but instead outlines an approach that can identify a set of repertoires found in real cases. Learning the set of repertoires that constitutional ethnography reveals, one can see more deeply into particular cases. Constitutional ethnography has as its goal, then, not prediction but comprehension, not explained variation but thematization

Oeuvres complètes de Montesquieu

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