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Courts, Politics and Constitutional Law : Judicialization of Politics and Politicization of the Judiciary

By: Publication details: Routledge 202019ISBN:
  • 9780367276447
Subject(s): DDC classification:
  • 342.044 BEL
LOC classification:
  • 342.044 BEL
Contents:
Table of contents Part I. Courts and Democracy; 1. Democracy and Courts beyond the Ideological Banality Daniel Valchev; 2. Disempowering courts. The Interrelationship between Courts and Politics in Contemporary Legal Orders Konrad Lachmayer; Part II. Courts and Their Relationship with Legislative and Executive Power; 3. Courts and Legislation: Do Legislators and Judges Speak the Same Language Helen Xanthaki; 4. Text, Values and Interpretation - The Role of Judges and Legislative Power in Private Law Attila Menyhard; 5. Supreme Courts in Sweden: From Civil Servants to 'Real' Judges Mauro Zamboni; 6. From Separation of Powers to Superiority of Rights: the Italian Constitutional Court and End-of-Life Decisions Monica Bonini; Part III. Courts, Constitution-Making, and the Separation between Constituent and Constituted Powers; 7. The Negative Legislator: On Kelsen's Idea of a Constitutional Court Paul Yowell; 8. Constitutional Courts as Ultimate Players in Multilevel Constituent Power Games: the Bulgarian Case Martin Belov; 9. Courts in the Constitution making process: Paradoxes and Justifications Antonios Kouroutakis; 10. The Least Dangerous Branch? Constitutional Review of Constitutional Amendments in Europe Michael Hein; Part IV. The Role of Courts in the Context of Democratic Backsliding, Illiberal Democracies and Populist Constitutionalism; 11. Constitutional Courts in the Context of Constitutional Regression. Some Comparative Remarks; Angela di Gregorio; 12. The Use of the EU Infringement Procedures to Protect De Facto the Rule of Law via the Development of the Parameter. From Obligations under the Treaties to the Charter of Fundamental Rights Enrico Albanesi;
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Table of contents
Part I. Courts and Democracy;
1. Democracy and Courts beyond the Ideological Banality Daniel Valchev;
2. Disempowering courts. The Interrelationship between Courts and Politics in Contemporary Legal Orders
Konrad Lachmayer;
Part II. Courts and Their Relationship with Legislative and Executive Power;
3. Courts and Legislation: Do Legislators and Judges Speak the Same Language Helen Xanthaki;
4. Text, Values and Interpretation - The Role of Judges and Legislative Power in Private Law Attila Menyhard;
5. Supreme Courts in Sweden: From Civil Servants to 'Real' Judges Mauro Zamboni;
6. From Separation of Powers to Superiority of Rights: the Italian Constitutional Court and End-of-Life Decisions
Monica Bonini;
Part III. Courts, Constitution-Making, and the Separation between Constituent and Constituted Powers;
7. The Negative Legislator: On Kelsen's Idea of a Constitutional Court Paul Yowell;
8. Constitutional Courts as Ultimate Players in Multilevel Constituent Power Games: the Bulgarian Case Martin Belov;
9. Courts in the Constitution making process: Paradoxes and Justifications Antonios Kouroutakis;
10. The Least Dangerous Branch? Constitutional Review of Constitutional Amendments in Europe Michael Hein;

Part IV. The Role of Courts in the Context of Democratic Backsliding, Illiberal Democracies and Populist Constitutionalism;





11. Constitutional Courts in the Context of Constitutional Regression. Some Comparative Remarks;
Angela di Gregorio;
12. The Use of the EU Infringement Procedures to Protect De Facto the Rule of Law via the Development of the Parameter. From Obligations under the Treaties to the Charter of Fundamental Rights Enrico Albanesi;

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