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

Edited by: Martin Belov

ISBN13: 9780367276447
Published: October 2019
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers.

This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives.

The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes.

Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Constitutional and Administrative Law
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 Menyhárd
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

Series: Comparative Constitutional Change