This collection explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.
This collection explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.
Martin Belov is Professor of Constitutional and Comparative Constitutional Law at the University of Sofia 'St. Kliment Ohridski', Bulgaria.
Inhaltsangabe
Part I. Judicial activism: Conceptual and comparative constitutional issues 1. Law, politics, and the constitutional courts' activism: Setting the starting point 2. Activism as defence: The role of courts in shaping the relationship between constitutions and international law: A comparison of the apex courts of Switzerland, Germany and Austria Part II. Judicial activism of international and supranational courts and its impact on national constitutional orders 3. The revolutionary impact of the European Court of Human Rights case law on the idea of res judicata in criminal justice: The Italian experience 4. Thinking outside the politics box: Framing a judicial role in shaping militant democracy in the European Union Part III. Judicial activism and illiberal constitutionalism 5. An illiberal turn or a counter-constitutional revolution?: About the Polish Constitutional Tribunal before and after 2015 6. When activism takes the wrong turn: The case of the Romanian Constitutional Court 7. The revolutionary role of constitutional courts in Morocco and Jordan as a contemporary example from the MENA region Part IV. Judicial activism and emergency constitutionalism 8. Mastering emergency situations: The activist role of the Bulgarian Constitutional Court in redefining the constitutional design of war, state of siege and state of emergency 9. Activism of the Croatian Constitutional Court and Covid-19: A bridge too far
Part I. Judicial activism: Conceptual and comparative constitutional issues 1. Law, politics, and the constitutional courts' activism: Setting the starting point 2. Activism as defence: The role of courts in shaping the relationship between constitutions and international law: A comparison of the apex courts of Switzerland, Germany and Austria Part II. Judicial activism of international and supranational courts and its impact on national constitutional orders 3. The revolutionary impact of the European Court of Human Rights case law on the idea of res judicata in criminal justice: The Italian experience 4. Thinking outside the politics box: Framing a judicial role in shaping militant democracy in the European Union Part III. Judicial activism and illiberal constitutionalism 5. An illiberal turn or a counter-constitutional revolution?: About the Polish Constitutional Tribunal before and after 2015 6. When activism takes the wrong turn: The case of the Romanian Constitutional Court 7. The revolutionary role of constitutional courts in Morocco and Jordan as a contemporary example from the MENA region Part IV. Judicial activism and emergency constitutionalism 8. Mastering emergency situations: The activist role of the Bulgarian Constitutional Court in redefining the constitutional design of war, state of siege and state of emergency 9. Activism of the Croatian Constitutional Court and Covid-19: A bridge too far
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