Judicial Law-Making in European Constitutional Courts

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 activ...

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Hlavný autor:	Florczak-Wątor, Monika
Médium:	E-kniha Kniha
Jazyk:	English
Vydavateľské údaje:	Oxford Routledge 2020 Uniwersytet Jagielloński Taylor and Francis Taylor & Francis Taylor & Francis Group
Vydanie:	1
Edícia:	Comparative Constitutional Change
Predmet:	Bulgarian Cc CCs CCs. Federal CJEU CJEU’s Judgement Comparative law Constitutional and administrative law: general Constitutional Complaint Constitutional Court's Case Law constitutional courts Constitutional courts > Europe constitutional interpretation Czech Constitutional Court democracy EU Law EU Legal Order European Constitutional Courts French Constitutional Council Human rights, civil rights Interdisciplinary studies International institutions International law International relations judicial activism judicial law-making Judicial power > Europe judicial review Jurisprudence & Philosophy of Law Jurisprudence and general issues Law Law & Courts Law and society, sociology of law Laws of specific jurisdictions and specific areas of law Methods, theory and philosophy of law Negative Legislator Philosophy Philosophy and Religion Polish Constitutional Court Political control and freedoms Political questions and judicial power > Europe Political structure and processes Politics and government positive legislation Public international law Public international law: human rights Public Law Reference, Information and Interdisciplinary subjects Regional / International studies separation of powers Social and political philosophy Social law and Medical law Society and Social Sciences Sub-constitutional Level Supreme Administrative Court Topics in philosophy Judicial Legislation Cc Act French Constitutional Council Constitutional Court's Case Law CJEU Bulgarian Cc constitutional courts Sub-constitutional Level CCs Constitutional Complaint Effective Judicial Protection Partial Unconstitutionality separation of powers Polish Constitutional Court CCs. Federal Cc's Ruling judicial review positive legislation EU Law Negative Legislator judicial law-making Czech Constitutional Court constitutional interpretation democracy judicial activism European Constitutional Courts EU Legal Order Cc Judgement Latvian Cc CJEU's Judgement Supreme Administrative Court Dispositive Part German Federal Constitutional Court
ISBN:	0367900750, 9781032187990, 1032187999, 9780367900755, 9781000062199, 1003022448, 1000062252, 1000062198, 9781000062250, 9781003022442, 9781000062229, 1000062228
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Abstract	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.
AbstractList	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. Introduction; Monika Florczak-Wątor; PART I: Western European Constitutional Courts; Chapter 1: France; The French Constitutional Council as a Law-Maker. Relations Between the Council and the Legislator: From Dialogue to Rewriting?; Julien Mouchette; Chapter 2: Germany; The Law-Making Activity of the German Federal Constitutional Court: A Case-Law Study; Ruth Weber Chapter 3: Italy; The Law-Making Power of the Constitutional Court of Italy; Nausica Palazzo; Chapter 4: Spain; The Spanish Constitutional Court as a Law-Maker: Functioning and Practice; Covadonga Ferrer Martín de Vidales; PART II: Central and Eastern European Constitutional Courts; Chapter 5: Bulgaria; The Constitutional Court of the Republic of Bulgaria as a Law-Maker; Martin Belov, Aleksandar Tsekov; Chapter 6: Czech Republic; The Law-Making Activity of the Czech Constitutional Court; Jan Malíř, Jana Ondřejková; Chapter 7: Hungary; The Hungarian Constitutional Court as a Law-Maker: Various Tools and Changing Roles; Zoltán Pozsár-Szentmiklósy; Chapter 8: Latvia; The Constitutional Court of the Republic of Latvia as a Law-Maker: Current Practice; Anita Rodiņa, Alla Spale; Chapter 9: Poland The Law-Making Activity of the Polish Constitutional Tribunal; Piotr Czarny, Bogumił Naleziński; Chapter 10: Slovak Republic; The Many Faces of Law-Making by Constitutional Courts with Extensive Review Powers: The Slovak Case; Ján Štiavnický, Max Steuer; PART III: European International Courts; Chapter 11: Court of Justice of the European Union; The Court of Justice of the European Union as a Law-Maker: Enhancing Integration or Acting Ultra Vires?; Monika Kawczyńska; Chapter 12: European Court of Human Rights; The European Court of Human Rights and the Creation of Law through the Case-law; Krzysztof Wojtyczek; PART IV: Comparative Analysis; Chapter 13: European Constitutional Courts as Law-Makers: Research Synthesis; Monika Florczak-Wątor; Monika Florczak-Wątor is Professor in the Constitutional Law Department of Jagiellonian University in Krakow, Poland, and the Head of the Centre for Interdisciplinary Constitutional Studies. Open access – no commercial reuse 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. This book analyses the speci?city 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 rede?ned. 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 identi?es 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. 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.
Author	Florczak-Wątor, Monika
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Keywords	Judicial Legislation Cc Act French Constitutional Council Constitutional Court's Case Law CJEU Bulgarian Cc constitutional courts Sub-constitutional Level CCs Constitutional Complaint Effective Judicial Protection Partial Unconstitutionality separation of powers Polish Constitutional Court CCs. Federal Cc's Ruling judicial review positive legislation EU Law Negative Legislator judicial law-making Czech Constitutional Court constitutional interpretation democracy judicial activism European Constitutional Courts EU Legal Order Cc Judgement Latvian Cc CJEU's Judgement Supreme Administrative Court Dispositive Part German Federal Constitutional Court
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Notes	Includes bibliographical references and index
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Snippet	This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts... This book analyses the speciﬁcity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are... This book analyses the speci?city of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are...
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SubjectTerms	Bulgarian Cc CCs CCs. Federal CJEU CJEU’s Judgement Comparative law Constitutional and administrative law: general Constitutional Complaint Constitutional Court's Case Law constitutional courts Constitutional courts -- Europe constitutional interpretation Czech Constitutional Court democracy EU Law EU Legal Order European Constitutional Courts French Constitutional Council Human rights, civil rights Interdisciplinary studies International institutions International law International relations judicial activism judicial law-making Judicial power -- Europe judicial review Jurisprudence & Philosophy of Law Jurisprudence and general issues Law Law & Courts Law and society, sociology of law Laws of specific jurisdictions and specific areas of law Methods, theory and philosophy of law Negative Legislator Philosophy Philosophy and Religion Polish Constitutional Court Political control and freedoms Political questions and judicial power -- Europe Political structure and processes Politics and government positive legislation Public international law Public international law: human rights Public Law Reference, Information and Interdisciplinary subjects Regional / International studies separation of powers Social and political philosophy Social law and Medical law Society and Social Sciences Sub-constitutional Level Supreme Administrative Court Topics in philosophy
TableOfContents	Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- List of figures -- List of contributors -- Introduction -- PART I: Western European Constitutional Courts -- 1. The French Constitutional Council as a law-maker: from dialogue with the legislator to the rewriting of the law -- 2. Law-making activity of the German Federal Constitutional Court: A case-law study -- 3. The law-making power of the Constitutional Court of Italy -- 4. The Spanish Constitutional Court as a law-maker: Functioning and practice -- PART II: Central and Eastern European Constitutional Courts -- 5. The Constitutional Court of the Republic of Bulgaria as a law-maker -- 6. Law-making activity of the Czech Constitutional Court -- 7. The Hungarian Constitutional Court as a law-maker: Various tools and changing roles -- 8. The Constitutional Court of the Republic of Latvia as a law-maker: Current practice -- 9. Law-making activity of the Polish Constitutional Tribunal -- 10. The Constitutional Court of the Slovak Republic: The many faces of law-making by a constitutional court with extensive review powers -- PART III: European International Courts -- 11. The Court of Justice of the European Union as a law-maker: enhancing integration or acting ultra vires? -- 12. The European Court of Human Rights and judicial law-making -- PART IV: Comparative Analysis -- 13. European constitutional courts as law-makers: research synthesis -- Index
Title	Judicial Law-Making in European Constitutional Courts
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