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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Bibliographic Details
Main Author:	Florczak-Wątor, Monika
Format:	eBook Book
Language:	English
Published:	Oxford Routledge 2020 Uniwersytet Jagielloński Taylor and Francis Taylor & Francis Taylor & Francis Group
Edition:	1
Series:	Comparative Constitutional Change
Subjects:	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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Description
Summary:	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.
Bibliography:	Includes bibliographical references and index
ISBN:	0367900750 9781032187990 1032187999 9780367900755 9781000062199 1003022448 1000062252 1000062198 9781000062250 9781003022442 9781000062229 1000062228
DOI:	10.4324/9781003022442