Judicial Law-Making in European Constitutional Courts

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Release : 2020-05-07
Genre : Law
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Book Rating : 252/5 ( reviews)

Judicial Law-Making in European Constitutional Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Law-Making in European Constitutional Courts write by Monika Florczak-Wątor. This book was released on 2020-05-07. Judicial Law-Making in European Constitutional Courts available in PDF, EPUB and Kindle. 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.

Judicial Dissent in European Constitutional Courts

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Release : 2017-09-28
Genre : Law
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Book Rating : 048/5 ( reviews)

Judicial Dissent in European Constitutional Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Dissent in European Constitutional Courts write by Katalin Kelemen. This book was released on 2017-09-28. Judicial Dissent in European Constitutional Courts available in PDF, EPUB and Kindle. Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion attached to the judgment of the court. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. It discusses the theoretical background, presents the history of the institution and today’s practice, thus laying down the basis for an accurate consideration of the phenomenon from a legal perspective.

Supreme Courts and Judicial Law-Making

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Release : 1986
Genre : Law
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Book Rating : 036/5 ( reviews)

Supreme Courts and Judicial Law-Making - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Supreme Courts and Judicial Law-Making write by Edward McWhinney. This book was released on 1986. Supreme Courts and Judicial Law-Making available in PDF, EPUB and Kindle. This book gives a broad understanding of the Belgian Constitutional History including a General Introduction, the Sources of Constitutional Law, its Form of Government, The State & its Subdivisions, Citizenship & its Administration of Justice & Specific Problems. Added features of this publication include a list of abbreviations, an extensive glossary, maps, & charts. This book is an offprint of the International Encyclopaedia of Laws: Constitutional Law .

Rights Before Courts

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Release : 2014-05-26
Genre : Law
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Book Rating : 355/5 ( reviews)

Rights Before Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Rights Before Courts write by Wojciech Sadurski. This book was released on 2014-05-26. Rights Before Courts available in PDF, EPUB and Kindle. This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.

The German Federal Constitutional Court

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Release : 2020-03-05
Genre : Law
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Book Rating : 102/5 ( reviews)

The German Federal Constitutional Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The German Federal Constitutional Court write by Matthias Jestaedt. This book was released on 2020-03-05. The German Federal Constitutional Court available in PDF, EPUB and Kindle. This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.