This book examines how new challenges such as the financial crisis, terrorism, mass migration and other country-specific problems have affected constitutional review in Europe. Adopting a common analytical structure, it examines how the issues have been addressed in ten individual countries.
This book examines how new challenges such as the financial crisis, terrorism, mass migration and other country-specific problems have affected constitutional review in Europe. Adopting a common analytical structure, it examines how the issues have been addressed in ten individual countries.
Professor Zoltán Szente, Research Chair, Institute for Legal Studies, Hungarian Academy of Sciences; Professor of Constitutional Law, National University of Public Service, Budapest, Hungary. Fruzsina Gárdos-Orosz, Senior Research Fellow, Director of the Institute for Legal Studies, Hungarian Academy of Sciences; Associate Professor, National University of Public Service, Budapest, Hungary.
Inhaltsangabe
I. Conceptualizing pressure and change in constitutional adjudication Chapter 1: Introduction - Contemporary challenges of constitutional adjudication in Europe - Zoltán Szente and Fruzsina Gárdos-Orosz Chapter 2: The Resistance of Constitutional Standards to the New Economic and Social Challenges and the Legitimacy of Constitutional Review in a Contemporary European Context - Michel Verpeaux II. Coping with challenges by national courts Chapter 3: Croatian constitutional adjudication in times of stress - Djordje Gardasevic Chapter 4: Remarks on the case-law of the French Constitutional Council in relation to new challenges - Fabrice Hourquebie Chapter 5: Beware of disruptions - The Bundesverfassungsgericht as Supporter of Change and Anchor of Stability - Veith Mehde Chapter 6: From submission to reaction: The Greek Courts' stance on the financial crisis - Apostolos Vlachogiannis Chapter 7: Judicial deference or political loyalty? The Hungarian Constitutional Court's role in tackling crisis situations - Zoltán Szente and Fruzsina Gárdos-Orosz Chapter 8: Global markets, terrorism and immigration: Italy between a troubled economy and a Constitutional crisis - Ines Ciolli Chapter 9: Constitutional judiciary in crisis. The case of Poland - Miros¿aw Granat Chapter 10: Constitutional law and crisis: the Portuguese Constitutional Court under pressure? - Mariana Canotilho Chapter 11: Constitutional Courts under Pressure - New Challenges to Constitutional Adjudication. The Case of Spain - Francisco Balaguer Callejón Chapter 12: National Security and the Limits of Judicial Protection - Patrick Birkinshaw Chapter 13: The UK Supreme Court and Parliament: Judicial and Political Dialogues - John Eldowney III. Responding to challenges on European level Chapter 14: New challenges for constitutional adjudication in Europe: What role could the 'dialogue of courts' play? - Tania Groppi Chapter 15: The negotiating function of the European Court of Human Rights: Reconciling diverging interests born from new European challenges - Beatrice Delzangles Chapter 16: The crisis, judicial power and EU law: could it have been managed differently by the EU Court of Justice? - Márton Varju IV. Constitutional courts under pressure - A European comparison Chapter 17: Constitutional courts under pressure - An assessment - Zoltán Szente and Fruzsina Gárdos-Orosz
I. Conceptualizing pressure and change in constitutional adjudication Chapter 1: Introduction - Contemporary challenges of constitutional adjudication in Europe - Zoltán Szente and Fruzsina Gárdos-Orosz Chapter 2: The Resistance of Constitutional Standards to the New Economic and Social Challenges and the Legitimacy of Constitutional Review in a Contemporary European Context - Michel Verpeaux II. Coping with challenges by national courts Chapter 3: Croatian constitutional adjudication in times of stress - Djordje Gardasevic Chapter 4: Remarks on the case-law of the French Constitutional Council in relation to new challenges - Fabrice Hourquebie Chapter 5: Beware of disruptions - The Bundesverfassungsgericht as Supporter of Change and Anchor of Stability - Veith Mehde Chapter 6: From submission to reaction: The Greek Courts' stance on the financial crisis - Apostolos Vlachogiannis Chapter 7: Judicial deference or political loyalty? The Hungarian Constitutional Court's role in tackling crisis situations - Zoltán Szente and Fruzsina Gárdos-Orosz Chapter 8: Global markets, terrorism and immigration: Italy between a troubled economy and a Constitutional crisis - Ines Ciolli Chapter 9: Constitutional judiciary in crisis. The case of Poland - Miros¿aw Granat Chapter 10: Constitutional law and crisis: the Portuguese Constitutional Court under pressure? - Mariana Canotilho Chapter 11: Constitutional Courts under Pressure - New Challenges to Constitutional Adjudication. The Case of Spain - Francisco Balaguer Callejón Chapter 12: National Security and the Limits of Judicial Protection - Patrick Birkinshaw Chapter 13: The UK Supreme Court and Parliament: Judicial and Political Dialogues - John Eldowney III. Responding to challenges on European level Chapter 14: New challenges for constitutional adjudication in Europe: What role could the 'dialogue of courts' play? - Tania Groppi Chapter 15: The negotiating function of the European Court of Human Rights: Reconciling diverging interests born from new European challenges - Beatrice Delzangles Chapter 16: The crisis, judicial power and EU law: could it have been managed differently by the EU Court of Justice? - Márton Varju IV. Constitutional courts under pressure - A European comparison Chapter 17: Constitutional courts under pressure - An assessment - Zoltán Szente and Fruzsina Gárdos-Orosz
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