Constitutional Justice, East and West: Democratic Legitimacy and Constitutional Courts in Post-Communist Europe in a Comparative Perspective

Front Cover
Wojciech Sadurski
Springer Science & Business Media, Dec 31, 2002 - Philosophy - 453 pages
0 Reviews
How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Towards an Institutional Theory of Constitutional Justice
21
Lessons from the US Experience
37
Lessons from Canada and elsewhere
61
4 The German Constitutional Court in an Uneasy Triangle between Parliament Government and the Federal Laender
101
Political and Social Context and Current LegalTheoretical Debates
119
The Development of Constitutional Review in Italy
143
7 Legitimacy and Reasons of Constitutional Review After Communism
163
The End of Activism? The First Decade of the Hungarian Constitutional Court
189
In Search of its Own Identity
283
13 The Russian Constitutional Court in an Uneasy Triangle between the President Parliament and Regions
309
The Politics of Survival
327
15 The Role and Experience of the Slovakian Constitutional Court
349
The Culture of Constitutionalism and Human Rights in the Czech Legal System
373
The Lithuanian Constitutional Court in its First Decade
395
Legitimacy of Constitutional Courts Between Policy Making and Legal Science
409
Bibliography
433

9 Slovenians Constitutional Court within the Separation of Power
213
10 The Rise of Constitutional Adjudication in Bulgaria
247
11 The Experience of the Polish Constitutional Court
265

Other editions - View all

Common terms and phrases

Popular passages

Page 11 - By extending constitutional protection to an asserted right or liberty interest, we, to a great extent, place the matter outside the arena of public debate and legislative action. We must therefore "exercise the utmost care whenever we are asked to break new ground in this field...

References to this book

Bibliographic information