Judicial Law-Making in European Constitutional Courts

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Tác giả: Monika Florczak-Wątor

Ngôn ngữ: eng

ISBN-13: 978-0367900755

ISBN-13: 978-1000062199

ISBN-13: 978-1003022442

ISBN-13: 978-1032187990

Ký hiệu phân loại: 347.40352 Civil procedure and courts

Thông tin xuất bản: Taylor & Francis, 2020

Mô tả vật lý: 1 electronic resource (278 p.)

Bộ sưu tập: Tài liệu truy cập mở

ID: 240192

 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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