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Books > Law > International law > Public international law > International human rights law
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Courts and Judicial Activism under Crisis Conditions - Policy Making in a Time of Illiberalism and Emergency Constitutionalism (Hardcover)
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Courts and Judicial Activism under Crisis Conditions - Policy Making in a Time of Illiberalism and Emergency Constitutionalism (Hardcover)
Series: Comparative Constitutional Change
Expected to ship within 12 - 19 working days
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This collection examines topical issues related to the impact of
courts on constitutional politics during extreme conditions. The
book explores the impact of activist courts on democracy,
separation of powers and rule of law in times of emergency
constitutionalism. It starts with a theoretical explanation of the
concept, features and main manifestations of judicial activism and
its impact in shaping the relationship between constitutional,
international and supranational law. It then focuses on judicial
activism in extreme conditions, for example, in times of
emergencies and pandemics, or in the context of democratic
backsliding, authoritarian constitutionalism and illiberal
constitutionalism. Thus, the book may be considered as a
contribution to the debates on judicial activism, including the
discussion of the impact of courts on certainty, proportionality
and balancing of rights, as well as on revolutionary courts
challenging authoritarian context and generally over the role of
courts in the context of illiberalism and democratic backsliding.
The volume thus offers an explanation of the concept of judicial
activism, its impact on both the legal system and the political
order and the role of courts in shaping the structures of the legal
order. These issues are explored in theoretical and comparative
constitutional perspectives. The book will be a valuable resource
for academics and researchers working in the areas of courts,
constitutional law and constitutional politics.
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