1st Edition
Constitutionality of Law without a Constitutional Court A View from Europe
This book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point of the research is the emergence of the so-called illiberal constitutionalism in several states, namely Poland, Hungary and Turkey, as this phenomenon gravely affects the functioning of constitutional courts. The work is divided into three parts. The first contains contributions of a theoretical nature dedicated to the current shape of constitutional review, in particular in the light of the emergence of "illiberal constitutionalism". This part of the book also deals with the collapse of the centralised constitutional review in Poland and the attempts to resolve the constitutional crisis. The second is focused on discussing specific, current problems with constitutional review, on the basis of states such as Hungary, Romania, Turkey and Poland. The third relates to other forms of constitutional review, that is, the so-called dispersed model and the parliamentary one executed in the course of the legislative process. The contributions discuss such forms of constitutional review in the Netherlands and Finland. The book will be a valuable resource for students, academics and policy-makers working in the areas of constitutional law and politics.
1. Mirosław Granat, Turbulent times in the constitutionalism of Central and Eastern European countries
Part I. Basic Problems of Activity of Constitutional Courts in an Illiberal Constitutionalism
2. Rainer Arnold, Constitutional jurisdiction and primacy of the Constitution
3. Mirosław Granat, Constitutionality of law without a constitutional court in the Polish setting
4. Piotr Chybalski, The problem of the so-called dispersed judicial review of parliamentary acts in Poland – traditions and current perspectives
5. Aleksandra Syryt, Admissibility of judicial review in states with a centralised model of constitutional review – in search of effective means of constitutional protection
6. Ewelina Gierach, Parliamentary constitutional review in times of the constitutional crisis in Poland
Part II. Problems of Activity of Constitutional Courts in Selected Countries
7. Zoltán Szente, From guarding the constitution to serving politics – the decline of the Hungarian Constitutional Court
8. Peter Kruzslicz, For now, we see in a mirror dimly – a current perception of Hungarian constitutional justice from an international and comparative national perspective
9. Elena-Simina Tanasescu, A missed dialogue: the European Court of Justice and the Romanian Constitutional Court
10. Selin Esen, The Turkish Constitutional Court and emergency regimes in the age of democratic backsliding
11. Leszek Garlicki, Marta Derlatka, Constitutional review in the abusive constitutionalism (continuation, corruption, or disappearance?)
Part III. The Variety of Forms of Guaranteeing Constitutionality of Law
12. Leonard F.M. Besselink, The curious case of the Netherlands – reflections on the question whether the dismantling of democracy and the rule of law can be stopped by courts of law
13. Tuomas Ojanen, The Finnish Constitutional Exceptionalism: the pluralist system of constitutional review combining ex ante and ex post functions of review
14. Mirosław Granat, Conclusion. What next?
Biography
Mirosław Granat is a Professor of Constitutional Law at the Cardinal Stefan Wyszynski University, Warsaw, Poland, and a head of the Department of Constitutional Law of the Faculty of Law and Administration.
