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Judicial Law-Making in European Constitutional Courts
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This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making activity of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central–East European countries: Poland, Hungary, the Czech Republic, Slovak Republic, Latvia, and Bulgaria; as well as two international courts: the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The work thus identifies the mutual interactions between national constitutional courts and international tribunals in terms of their law-making activity. The chosen countries include constitutional courts which have been recently captured by populist governments and subordinated to political powers. Therefore, one of the purposes of the book is to identify the change in the law-making activity of those courts and to compare it with the activity of constitutional courts from countries in which democracy is not viewed as being under threat. Written by national experts, each chapter addresses a series of set questions allowing accessible and meaningful comparison. The book will be a valuable resource for students, academics, and policy-makers working in the areas of constitutional law and politics.
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Keywords
- Bulgarian Cc
- CCS
- CCs. Federal
- CJEU
- CJEU’s Judgement
- Constitutional Complaint
- Constitutional Court's Case Law
- Constitutional courts
- Constitutional Interpretation
- Czech Constitutional Court
- Democracy
- EU law
- EU legal order
- European Constitutional Courts
- French Constitutional Council
- judicial activism
- judicial law-making
- Judicial review
- Negative Legislator
- Polish Constitutional Court
- positive legislation
- Separation of powers
- Sub-constitutional Level
- Supreme Administrative Court
- thema EDItEUR::G Reference, Information and Interdisciplinary subjects::GT Interdisciplinary studies::GTM Regional / International studies
- thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
- thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPS International relations::JPSN International institutions
- thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights
- thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law
- thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law
- thema EDItEUR::L Law::LA Jurisprudence and general issues::LAQ Law and society, sociology of law
- thema EDItEUR::L Law::LB International law::LBB Public international law::LBBR Public international law: human rights
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNT Social law and Medical law
- thema EDItEUR::Q Philosophy and Religion::QD Philosophy::QDT Topics in philosophy::QDTS Social and political philosophy
Links
DOI: 10.4324/9781003022442Editions