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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.
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.
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