Constitutionality of Law without a Constitutional Court A View from Europe Comparative Constitutional Change Series
Coordonnateur : Granat Mirosław
1. 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. Constitutional jurisdiction and primacy of the Constitution; 3. Constitutionality of law without a constitutional court in the Polish setting; 4. The problem of the so-called dispersed judicial review of parliamentary acts in Poland – traditions and current perspectives; 5. Admissibility of judicial review in states with a centralised model of constitutional review – in search of effective means of constitutional protection; 6. Parliamentary constitutional review in times of the constitutional crisis in Poland; Part II. Problems of Activity of Constitutional Courts in Selected Countries; 7. From guarding the constitution to serving politics – the decline of the Hungarian Constitutional Court; 8. For now, we see in a mirror dimly – a current perception of Hungarian constitutional justice from an international and comparative national perspective; 9. A missed dialogue: the European Court of Justice and the Romanian Constitutional Court; 10. The Turkish Constitutional Court and emergency regimes in the age of democratic backsliding; 11. Constitutional review in the abusive constitutionalism (continuation, corruption, or disappearance?); Part III. The Variety of Forms of Guaranteeing Constitutionality of Law; 12. 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. The Finnish Constitutional Exceptionalism: the pluralist system of constitutional review combining ex ante and ex post functions of review; 14. Conclusion. What next?
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.
Date de parution : 09-2023
15.6x23.4 cm
Disponible chez l'éditeur (délai d'approvisionnement : 14 jours).
Prix indicatif 160,25 €
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Mots-clés :
Law; Legal theory; constitutionalism; constitutional theory; constitutional review; constitutionality of law; constitutional courts; Constitutional Court; EU Law; Violate; Constitutional Tribunal; Judicial Review; Polish Constitutional Tribunal; ECHR; CJEU; Human Rights; Kelsenian Model; Hungarian Constitutional Court; Constitutional Judges; Follow; Judicial Constitutional Review; Democratic Backsliding; Constitutional Law Committee; March Constitution; File Ref; Constitutional Justice; Judicial Independence; Human Rights Treaties; Constitutional Identity; Unconstitutional Law; Finnish System; Legislation Committee