Constitutional Justice, East and West

Democratic Legitimacy and Constitutional Courts in Post-Communist Europe in a Comparative Perspective
Herausgegeben:Sadurski, Wojciech

• Broschiertes Buch

Produktbeschreibung

How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.

Produktdetails

• Law and Philosophy Library 62
• Verlag: Springer / Springer Netherlands
• Artikelnr. des Verlages: 978-90-481-8474-3
• Softcover reprint of hardcover 1st ed. 2003
• Seitenzahl: 464
• Erscheinungstermin: 15. Dezember 2010
• Englisch
• Abmessung: 235mm x 155mm x 25mm
• Gewicht: 698g
• ISBN-13: 9789048184743
• ISBN-10: 9048184746
• Artikelnr.: 32019350

Inhaltsangabe

List of Contributors. Constitutional Justice, East and West: Introduction;
W. Sadurski. Part 1: Constitutional Justice in the Established Democracies.
1. Constitutional Courts as Deliberative Institutions. Towards an
Institutional Theory of Constitutional Justice; J. Ferejohn, P. Pasquino.
2. Some Conditions for the Success of Constitutional Courts: Lessons From
the U.S. Experience; M. Shapiro. 3. Institutional Dialogue between Courts
and Legislatures in the Definition of Fundamental Rights: Lessons from
Canada (and Elsewhere); J. Webber. 4. The German Constitutional Court in an
Uneasy Triangle between Parliament, Government and the Federal Laender;
K.von Beyme. 5. The Experience of the French Conseil Constitutionnel:
Political and Social Context and Current Legal-Theoretical Debates; M.-C.
Ponthoreau, J. Ziller. 6. Between Politics and the Law: The Development of
Constitutional Review in Italy; G. Rolla, T. Groppi. Part 2: Constitutional
Justice in Post-Communist Europe. 7. Constitutional Review after Communism:
Legitimacy and Reasons; W. Sadurski. 8. The Hungarian Approach to
Constitutional Review: The End of Activism? The First Decade of the
Hungarian Constitutional Court; G. Halmai. 9. Slovenia's Constitutional
Court within the Separation of Powers; M. Cerar. 10. The Rise of
Constitutional Adjudication in Bulgaria; V. Ganev. 11. The Experience of
the Polish Constitutional Court; L.L. Garlicki. 12. The Romanian
Constitutional Court: In search of its Own Identity; R. Weber. 13. The
Russian Constitutional Court in an Uneasy Triangle between the President,
Parliament and Regions; K.von Beyme. 14. The Constitutional Court of
Ukraine: The Politics of Survival; K. Wolczuk. 15. The Slovakian
Constitutional Court; D. Malová. 16. Judicial Power vs. Democratic
Representation: The Culture of Constitutionalism and Human Rights in the
Czech Legal System; J. Priban. 17. Defending Order and Freedom: The
Lithuanian Constitutional Court in its First Decade; N. Gelazis.
Conclusions: Legitimacy of Constitutional Courts: Between Policy Making and
Legal Science; S. Bartole. Bibliography. Index.