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Constitutional Politics and the Judiciary
Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court’s decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.
Constitutional Review in Central and Eastern Europe
Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional...
Constitutional Review in Western Europe
Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. Yet the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre has never been examined accurately and systematically. This volume fills this gap in the literature. To explore the diversity and measure the strength of judicial decisions, the authors have elaborated a new methodology that is intended to give ...
Constitutional Review in Central and Eastern Europe
Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors' room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional a...
Politics and Society in Hungary
Hungary was once a frontrunner of democratization. However, since Viktor Orbán came to power in 2010, the country has been the subject of critical media coverage and concerns due to illiberal policies and anti-EU rhetoric. The book helps to analyze and evaluate the developments by providing relevant case knowledge. It provides sound insights into Hungary’s system of government, society, parties and media, as well as selected policy areas. It focuses on how different policy areas have been influenced by the EU, traces important lines of development over the past decades, and compares the findings with other states of the region. The authors’ professional expertise and broad knowledge of the political systems of Hungary and Europe provide a well-founded analysis of the developments in the region.
The Ideal of Parliament in Europe since 1800
This edited collection explores the perceptions and memories of parliamentarianism across Europe, examining the complex ideal of parliament since 1800. Parliament has become the key institution in modern democracy, and the chapters present the evolution of the ideal of parliamentary representation and government, and discuss the reception and value of parliament as an institution. It is considered both as a guiding concept, a Leitidee, as well as an ideal, an Idealtypus. The volume is split into three sections. The establishment of parliament in the nineteenth century and the transfer of parliamentary ideals, models and practices are described in the first section, based on the British and F...
Constitutions and Gender
Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.
Constitutional Populism
Explores a range of anti-constitutionalist populist regimes, identifying and analysing their causes, characteristics and consequences.
The Max Planck Handbooks in European Public Law
The Max Planck Handbooks in European Public Law describe and analyze public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution ...
