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Constitutionalism Under Stress
  • Language: en
  • Pages: 385

Constitutionalism Under Stress

  • Categories: Law

This volume brings together leading scholars of comparative constitutional law to reflect on current challenges to liberal constitutionalism and democratic governance, as inspired by the work of Professor Wojciech Sadurski.

Zagadnienia konstytucyjnego prawa intertemporalnego
  • Language: pl
Proportionality in Action
  • Language: en
  • Pages: 689

Proportionality in Action

  • Categories: Law

A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

Konstytucja Rzeczypospolitej Polskiej
  • Language: pl
The Concept of Dilemma in Legal and Judicial Ethics
  • Language: en
  • Pages: 355

The Concept of Dilemma in Legal and Judicial Ethics

Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide ma...

Poland's Constitutional Breakdown
  • Language: en
  • Pages: 305

Poland's Constitutional Breakdown

  • Categories: Law

Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return ...

The Max Planck Handbooks in European Public Law
  • Language: en
  • Pages: 769

The Max Planck Handbooks in European Public Law

  • Categories: Law

The Max Planck Handbooks in European Public Law describe and analyse 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 ...

Populism and Antitrust
  • Language: en
  • Pages: 275

Populism and Antitrust

  • Categories: Law

Populism and Antitrust examines the influence of populism on competition law and shows how populism can lead to illiberal changes.

Legal dispute over the Constitutional Court in Poland
  • Language: en
  • Pages: 280

Legal dispute over the Constitutional Court in Poland

  • Categories: Law

The strengthening of the position of courts was, to a large extent, the result of the creation and rapid development of constitutional justice. It has made the power that was “in some measure, next to nothing” a real power, and the apolitical placement of courts changed into a political one, or at least one leading to serious political repercussions.… There is no doubt today that courts are a branch of power in the full sense of the word, and some even point out that because of constitutional justice they have become de facto the first power. From the position of a passive power, they have changed their placement, mainly owing to constitutional justice, to that of an active power, whic...