1st Edition

The Equilibrium of Parliamentary Law-making Comparative Perspectives on the Role of Courts in a Democracy

By Viktor Kazai Copyright 2025
288 Pages 8 B/W Illustrations
by Routledge

288 Pages 8 B/W Illustrations
by Routledge

288 Pages 8 B/W Illustrations
by Routledge

This book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments’ role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimately... Read more

Introduction;  1. The equilibrium of parliamentary law-making – A normative standard derived from the principles of constitutionalism;  2. The disturbance of the equilibrium – Non-compliance with the requirements of constitutionalism;  3. Guardians of the equilibrium – Non-judicial and judicial enforcement of the requirements of constitutionalism;  4. How to recognize disturbances in the equilibrium? – Standards in constitutional judicial review;  5. The preservation and restoration of the equilibrium – Judicial enforcement of the requirements of constitutionalism;  6. The extent of judicial influence in the equilibrium – Judicialization of parliamentary law-making;  7. A long road towards the achievement of equilibrium – Legislative riders in France;  8. An equilibrium never searched thus never found – Lack of public participation in law-making in Hungary;  Conclusion

Biography

Viktor Kazai is a post-doctoral researcher at the Université libre de Bruxelles, Belgium. He often collaborates with human rights NGOs and gives advice in strategic cases litigated at domestic apex courts and the European Court of Human Rights.