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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Judicial Law-Making in European Constitutional Courts (Paperback)
Loot Price: R1,395
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Judicial Law-Making in European Constitutional Courts (Paperback)
Series: Comparative Constitutional Change
Expected to ship within 12 - 17 working days
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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.
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