Constitutionality of Law without a Constitutional Court: A View from Europe

This book examines the problem of guaranteeing the constitutionality of law in cases where a constitutional court has been weakened or does not exist. It discusses the emergence of illiberal constitutionalism in Poland, Hungary, and Turkey and the collapse of centralized constitutional review in Poland. The contributions also discuss specific constitutional review problems in Hungary, Romania, Turkey, and Poland and other forms of constitutional review in the Netherlands and Finland. The book will be a valuable resource for students, academics, and policy-makers working in constitutional law and politics.

Format: Hardback
Length: 244 pages
Publication date: 01 September 2023
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the critical issue of ensuring the constitutionality of law in situations where a constitutional court may be weakened or non-existent. It begins by examining the rise of "illiberal constitutionalism" in several countries, including Poland, Hungary, and Turkey, which has profound implications for the functioning of constitutional courts. The book is structured into three parts.

The first part explores theoretical perspectives on constitutional review, particularly in the context of the emergence of illiberal constitutionalism. It also delves into the collapse of centralized constitutional review in Poland and the efforts undertaken to address the constitutional crisis.

The second part focuses on discussing specific constitutional review challenges in countries such as Hungary, Romania, Turkey, and Poland. It examines the role of constitutional courts, the interplay between judicial and legislative authority.

The third part explores alternative forms of constitutional review, including the dispersed model and the parliamentary one executed during the legislative process. The contributions shed light on these forms of review in the Netherlands and Finland.

This book is an invaluable resource for students, academics, and policy-makers engaged in the fields of constitutional law and politics. It offers insightful analysis and valuable insights into the complex dynamics of constitutional review and its impact on the governance of nations.

Weight: 630g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032410098