Judicial Law-Making in European Constitutional Courts

This book examines the law-making activity of European constitutional courts and argues that they should be considered positive legislators due to their role in shaping the legal landscape. It analyzes the law-making activity of courts in Western and Central-East European countries, as well as international courts, and identifies changes in law-making activity in countries with populist governments.

Format: Paperback / softback
Length: 278 pages
Publication date: 13 December 2021
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the unique nature of the law-making activity of European constitutional courts. It presents a central hypothesis that these courts should be recognized as positive legislators, necessitating a reevaluation of their position within the broader system of state organs. The book explores the law-making practices of four constitutional courts in Western countries, namely Germany, Italy, Spain, and France, as well as six constitutional courts in Central-East European countries, including Poland, Hungary, the Czech Republic, Slovakia, Latvia, and Bulgaria. Additionally, it examines two international courts, the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). Through this comprehensive analysis, the book identifies the interplay and mutual influences between national constitutional courts and international tribunals in their law-making endeavors.

One of the key objectives of the book is to examine the changes in the law-making activity of constitutional courts that have recently come under the influence of populist governments and have been subordinated to political powers. By comparing these courts' practices with those in countries where democracy is not perceived as being under threat, the book seeks to shed light on the evolving dynamics of constitutional law and politics. Each chapter in the book is written by national experts who address a series of set questions, ensuring accessible and meaningful comparisons.

This book will be an invaluable resource for students, academics, and policy-makers engaged in the fields of constitutional law and politics. It provides a deep understanding of the role of constitutional courts in shaping legal frameworks and promoting democratic values. The insights and analysis offered by the authors will contribute to ongoing discussions and debates about the future of constitutional justice in Europe and beyond.

Weight: 430g
Dimension: 154 x 234 x 24 (mm)
ISBN-13: 9781032187990