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Courts, politics and constitutional law : judicialization of politics and politicization of the judiciary

Courts, politics and constitutional law : judicialization of politics and politicization of the judiciary (4회 대출)

자료유형
단행본
개인저자
Belov, Martin.
서명 / 저자사항
Courts, politics and constitutional law : judicialization of politics and politicization of the judiciary / Martin Belov.
발행사항
Abingdon, Oxon ;   New York, NY :   Routledge,   2020.  
형태사항
x, 254 p. ; 24 cm.
총서사항
Comparative constitutional change
ISBN
9780367276447 (hardback)
요약
"This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes"--
내용주기
Democracy and Courts beyond the Ideological Banality / Daniel Valchev -- Disempowering courts : The Interrelationship between Courts and Politics in Contemporary Legal Orders / Konrad Lachmayer -- Courts and Legislation: Do Legislators and Judges Speak the Same Language? / Helen Xanthaki -- Text, Values and Interpretation : The Role of Judges and Legislative Power in Private Law / Attila Menyhárd -- Supreme Courts in Sweden : From Civil Servants to 'Real' Judges? / Mauro Zamboni -- From Separation of Powers to Superiority of Rights : the Italian Constitutional Court and End-of-Life Decisions / Monica Bonini -- The Negative Legislator : On Kelsen's Idea of a Constitutional Court / Paul Yowell -- Constitutional Courts as Ultimate Players in Multilevel Constituent Power Games : the Bulgarian Case / Martin Belov -- Courts in the Constitution making process : Paradoxes and Justifications / -- Antonios Kouroutakis -- The Least Dangerous Branch? : Constitutional Review of Constitutional Amendments in Europe / Michael Hein -- Constitutional Courts in the Context of Constitutional Regression : Some Comparative Remarks / Angela di Gregorio -- The Use of the EU Infringement Procedures to Protect De Facto the Rule of Law via the Development of the Parameter : From Obligations under the Treaties to the Charter of Fundamental Rights / Enrico Albanesi
서지주기
Includes bibliographical references and index.
일반주제명
Political questions and judicial power. Separation of powers. Constitutional courts.
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010 ▼a 2019031599
020 ▼a 9780367276447 (hardback)
020 ▼z 9780429297069 (ebook)
035 ▼a (KERIS)REF000019063278
040 ▼a DLC ▼b eng ▼e rda ▼c DLC ▼d 211009
050 0 0 ▼a K3367 ▼b .C68 2019
082 0 0 ▼a 342/.044 ▼2 23
084 ▼a 342.044 ▼2 DDCK
090 ▼a 342.044 ▼b C866
245 0 0 ▼a Courts, politics and constitutional law : ▼b judicialization of politics and politicization of the judiciary / ▼c Martin Belov.
260 ▼a Abingdon, Oxon ; ▼a New York, NY : ▼b Routledge, ▼c 2020.
300 ▼a x, 254 p. ; ▼c 24 cm.
490 1 ▼a Comparative constitutional change
504 ▼a Includes bibliographical references and index.
505 0 ▼a Democracy and Courts beyond the Ideological Banality / Daniel Valchev -- Disempowering courts : The Interrelationship between Courts and Politics in Contemporary Legal Orders / Konrad Lachmayer -- Courts and Legislation: Do Legislators and Judges Speak the Same Language? / Helen Xanthaki -- Text, Values and Interpretation : The Role of Judges and Legislative Power in Private Law / Attila Menyhárd -- Supreme Courts in Sweden : From Civil Servants to 'Real' Judges? / Mauro Zamboni -- From Separation of Powers to Superiority of Rights : the Italian Constitutional Court and End-of-Life Decisions / Monica Bonini -- The Negative Legislator : On Kelsen's Idea of a Constitutional Court / Paul Yowell -- Constitutional Courts as Ultimate Players in Multilevel Constituent Power Games : the Bulgarian Case / Martin Belov -- Courts in the Constitution making process : Paradoxes and Justifications / -- Antonios Kouroutakis -- The Least Dangerous Branch? : Constitutional Review of Constitutional Amendments in Europe / Michael Hein -- Constitutional Courts in the Context of Constitutional Regression : Some Comparative Remarks / Angela di Gregorio -- The Use of the EU Infringement Procedures to Protect De Facto the Rule of Law via the Development of the Parameter : From Obligations under the Treaties to the Charter of Fundamental Rights / Enrico Albanesi
520 ▼a "This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes"-- ▼c Provided by publisher.
650 0 ▼a Political questions and judicial power.
650 0 ▼a Separation of powers.
650 0 ▼a Constitutional courts.
700 1 ▼a Belov, Martin.
830 0 ▼a Comparative constitutional change.
945 ▼a KLPA

소장정보

No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 중앙도서관/법학도서실(법학도서관 지하1층)/ 청구기호 342.044 C866 등록번호 111821143 도서상태 대출가능 반납예정일 예약 서비스 B M

컨텐츠정보

목차

Part I. Courts and Democracy;
















1. Democracy and Courts beyond the Ideological Banality;
Daniel Valchev;





2. Disempowering courts. The Interrelationship between Courts and Politics in Contemporary Legal Orders;
Konrad Lachmayer;





Part II. Courts and Their Relationship with Legislative and Executive Power;





3. Courts and Legislation: Do Legislators and Judges Speak the Same Language?;
Helen Xanthaki;





4. Text, Values and Interpretation - The Role of Judges and Legislative Power in Private Law;
Attila Menyhard;





5. Supreme Courts in Sweden: From Civil Servants to ''Real'' Judges?;
Mauro Zamboni





6. From Separation of Powers to Superiority of Rights: the Italian Constitutional Court and End-of-Life Decisions;
Monica Bonini;





Part III. Courts, Constitution-Making, and the Separation between Constituent and Constituted Powers;





7. The Negative Legislator: On Kelsen''s Idea of a Constitutional Court;
Paul Yowell;





8. Constitutional Courts as Ultimate Players in Multilevel Constituent Power Games: the Bulgarian Case;
Martin Belov;





9. Courts in the Constitution making process: Paradoxes and Justifications;
Antonios Kouroutakis;





10. The Least Dangerous Branch? Constitutional Review of Constitutional Amendments in Europe;
Michael Hein;








Part IV. The Role of Courts in the Context of Democratic Backsliding, Illiberal Democracies and Populist Constitutionalism;





11. Constitutional Courts in the Context of Constitutional Regression. Some Comparative Remarks;
Angela di Gregorio;





12. The Use of the EU Infringement Procedures to Protect De Facto the Rule of Law via the Development of the Parameter. From Obligations under the Treaties to the Charter of Fundamental Rights;
Enrico Albanesi;

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