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Constitutional Review in Western Europe Judicial-Legislative Relations in Comparative Perspective

Constitutional Review in Western Europe Judicial-Legislative Relations in Comparative Perspective

Author: Kálmán Pócza
Publisher: Routledge
ISBN: 9781032506623
Published In: April 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature.

Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. Yet the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre has never been examined accurately and systematically. This volume fills this gap in the literature. To explore the diversity and measure the strength of judicial decisions, the authors have elaborated a new methodology that is intended to give a more nuanced picture of the practice of constitutional adjudication in Europe. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on Western Europe and a short summary of the methodology of the project. This is followed by 11 country studies and a concluding chapter providing a comprehensive comparative analysis of the results.

The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.

List of figures

List of tables

List of abbreviations

List of contributors

Chapter 1: Constitutional review and judicial-legislative relations in established democracies

Chapter 2: The Austrian Constitutional Court: A human rights stronghold despite increasing judicial restraint

Chapter 3: The Belgian Constitutional Court: Navigating between constitutional rights and consociational politics

Chapter 4: The Supreme Court of Cyprus: The centre of gravity within the separation of powers

Chapter 5: The French Constitutional Council: The gradual emergence of a co-legislator?

Chapter 6: The German Federal Constitutional Court: A court unbound?

Chapter 7: High Courts of Ireland: Judicial restraint in a stable political environment

Chapter 8: The Italian Constitutional Court: A powerful political institution

Chapter 9: The Portuguese Constitutional Court: A cautious but effective judicial body

Chapter 10: The Spanish Constitutional Court: The judicial politics of constitutional review and interpretation

Chapter 11: The United Kingdom Supreme Court: Radical outcomes from gradualist premises

Chapter 12: Nordic courts: An example of cooperation and dialogue

Chapter 13: Western European constitutional courts in comparative perspective 1990-2020

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