1st Edition

Courts and Judicial Activism under Crisis Conditions Policy Making in a Time of Illiberalism and Emergency Constitutionalism

Edited By Martin Belov Copyright 2022
236 Pages
by Routledge

236 Pages
by Routledge

236 Pages
by Routledge

This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in... Read more

Part I. Judicial activism: Conceptual and comparative constitutional issues

  1. Law, politics, and the constitutional courts’ activism: Setting the starting point - MAURO ZAMBONI
  2. Activism as defence: The role of courts in shaping the relationship between constitutions and international law: A comparison of the apex courts of Switzerland, Germany and Austria - STEFAN SCHLEGEL

  3. Part II. Judicial activism of international and supranational courts and its impact on national constitutional orders

  4. The revolutionary impact of the European Court of Human Rights case law on the idea of res judicata in criminal justice: The Italian experience - MARIA LUCIA DI BITONTO
  5. Thinking outside the politics box: Framing a judicial role in shaping militant democracy in the European Union - VIOLETA BEŠIREVIC
  6. Part III. Judicial activism and illiberal constitutionalism

  7. An illiberal turn or a counter-constitutional revolution?: About the Polish Constitutional Tribunal before and after 2015 - ALEKSANDRA KUSTRA-ROGATKA

  8. When activism takes the wrong turn: The case of the Romanian Constitutional Court - BIANCA SELEJAN-GUT̗AN
  9. The revolutionary role of constitutional courts in Morocco and Jordan as a contemporary example from the MENA region - HADEEL S. ABU HUSSEIN
  10. Part IV. Judicial activism and emergency constitutionalism

  11. Mastering emergency situations: The activist role of the Bulgarian Constitutional Court in redefining the constitutional design of war, state of siege and state of emergency - MARTIN BELOV

  12. Activism of the Croatian Constitutional Court and Covid-19: A bridge too far - DJORDJE GARDASEVIC

Biography

Martin Belov is Professor of Constitutional and Comparative Constitutional Law at the University of Sofia ‘St. Kliment Ohridski’, Bulgaria.