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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
- Central government
- Comparative law
- Comparative Politics
- Constitution: government & the state
- Constitutional & administrative law
- Constitutional courts
- Constitutional Interpretation
- Courts & procedure
- Democracy
- Government powers
- Human rights
- Human rights & civil liberties law
- international institutions
- International law
- International relations
- judicial activism
- judicial law-making
- Judicial powers
- Judicial review
- Jurisprudence & general issues
- Law
- Laws of Specific jurisdictions
- Legal system: general
- Political control & freedoms
- Political structure & processes
- Politics & government
- positive legislation
- Public International Law
- Separation of powers
- Society & Social Sciences
- thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPB Comparative politics
- thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes::JPHC Constitution: government and the state
- thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPQ Central / national / federal government
- 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
- thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law
- thema EDItEUR::L Law::LB International law::LBB Public international law::LBBC Public international law: treaties and other sources
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAA Legal systems: courts and procedures
- 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::LND Constitutional and administrative law: general::LNDC Law: Human rights and civil liberties
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDH Government powers
- Treaties & other sources of international law
Links
DOI: 10.4324/9781003022442Editions