1st Edition
Courts, Politics and Constitutional Law Judicialization of Politics and Politicization of the Judiciary
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;
Biography
Dr Martin Belov is Associate Professor in Constitutional and Comparative Constitutional Law at the University of Sofia ‘St Kliment Ohridski’, Faculty of Law. He is also Vice Dean of the same law faculty. In addition, he has been a project researcher at Max-Planck Institute for European Legal History (Frankfurt am Main, Germany) and a visiting researcher at the Institute for Federalism (Fribourg, Switzerland). He has specialized at the University of Oxford, UK; Max- Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany; University of Cologne, Germany; and many other European academic institutions.
