Judicial Lawmaking in the European Constitutional Court

Judicial Lawmaking in the European Constitutional Court

European Law

This book analyzes the specifics of the lawmaking activities carried out by European constitutional courts. The main hypothesis is that currently the constitutional court is a positive legislator whose position in the state organ system needs to be redefined. This book includes an analysis of the lawmaking activities of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central–Eastern European countries: Poland, Hungary, 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).This paper identifies the reciprocal interactions between national constitutional courts and international courts in terms of law-making activities. The countries selected include constitutional courts recently controlled by populist governments and under political power. Therefore, one of the aims of this book is to identify changes in the lawmaking activity of these courts and compare them with the activity of constitutional courts in countries where democracy is not considered threatened. Written by national experts, each chapter addresses a series of questions that allow for accessible and meaningful comparisons.This book will be a valuable resource for students, academics, and policymakers working in the fields of constitutional law and politics. one of the aims of this book is to identify changes in the lawmaking activity of these courts and compare them with the activity of constitutional courts in countries where democracy is not considered threatened. Written by national experts, each chapter addresses a series of questions that allow for accessible and meaningful comparisons. This book will be a valuable resource for students, academics, and policymakers working in the fields of constitutional law and politics.one of the aims of this book is to identify changes in the lawmaking activity of these courts and compare them with the activity of constitutional courts in countries where democracy is not considered threatened. Written by national experts, each chapter addresses a series of questions that allow for accessible and meaningful comparisons. This book will be a valuable resource for students, academics, and policymakers working in the fields of constitutional law and politics.

Florczak-Wątor, Monika (editor)

https://directory.doabooks.org/handle/20.500.12854/71539

Taylor & Francis

2020

Dewi Puspitasari

https://creativecommons.org/licenses/by-nc-nd/4.0/

https://library.oapen.org/bitstream/20.500.12657/50301/1/9781000062199.pdf

Pdf

English

Teztbooks

DOI
10.4324/9781003022442

New York