It is the purpose of this Thesis to start an analysis of metaconstitutional review, understood as the process through which an entity such as a Constitutional Court or Supreme Court reviews the compliance of the acts of the Constituent with superior values or fills constitutional gaps with such values. This, in order to explain its separate nature from constitutional review, to determine whether it is compatible with the traditional conception of popular sovereignty as the ultimate source of power and the legitimizing element of the constitutional system and to determine whether or not metaconstitutional review could prevent social change by entrenching certain values.
| Identifer | oai:union.ndltd.org:TORONTO/oai:tspace.library.utoronto.ca:1807/18301 |
| Date | 18 January 2010 |
| Creators | Franco Fernandez, Gabriel |
| Contributors | Weinrib, Lorraine |
| Source Sets | University of Toronto |
| Language | en_ca |
| Detected Language | English |
| Type | Thesis |
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