New challenges to constitutional adjudication in Europe : a comparative perspective
Author(s)
Bibliographic Information
New challenges to constitutional adjudication in Europe : a comparative perspective
(Comparative constitutional change)
Routledge, 2018
- : hbk
Available at 4 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references and index
Description and Table of Contents
Description
In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts' response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends.
This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.
Table of Contents
I. Conceptualizing pressure and change in constitutional adjudication
Chapter 1: Introduction - Contemporary challenges of constitutional adjudication in Europe - Zoltan Szente and Fruzsina Gardos-Orosz
Chapter 2: The Resistance of Constitutional Standards to the New Economic and Social Challenges and the Legitimacy of Constitutional Review in a Contemporary European Context - Michel Verpeaux
II. Coping with challenges by national courts
Chapter 3: Croatian constitutional adjudication in times of stress - Djordje Gardasevic
Chapter 4: Remarks on the case-law of the French Constitutional Council in relation to new challenges - Fabrice Hourquebie
Chapter 5: Beware of disruptions - The Bundesverfassungsgericht as Supporter of Change and Anchor of Stability - Veith Mehde
Chapter 6: From submission to reaction: The Greek Courts' stance on the financial crisis - Apostolos Vlachogiannis
Chapter 7: Judicial deference or political loyalty? The Hungarian Constitutional Court's role in tackling crisis situations - Zoltan Szente and Fruzsina Gardos-Orosz
Chapter 8: Global markets, terrorism and immigration: Italy between a troubled economy and a Constitutional crisis - Ines Ciolli
Chapter 9: Constitutional judiciary in crisis. The case of Poland - Miroslaw Granat
Chapter 10: Constitutional law and crisis: the Portuguese Constitutional Court under pressure? - Mariana Canotilho
Chapter 11: Constitutional Courts under Pressure - New Challenges to Constitutional Adjudication. The Case of Spain - Francisco Balaguer Callejon
Chapter 12: National Security and the Limits of Judicial Protection - Patrick Birkinshaw
Chapter 13: The UK Supreme Court and Parliament: Judicial and Political Dialogues - John Eldowney
III. Responding to challenges on European level
Chapter 14: New challenges for constitutional adjudication in Europe: What role could the 'dialogue of courts' play? - Tania Groppi
Chapter 15: The negotiating function of the European Court of Human Rights: Reconciling diverging interests born from new European challenges - Beatrice Delzangles
Chapter 16: The crisis, judicial power and EU law: could it have been managed differently by the EU Court of Justice? - Marton Varju
IV. Constitutional courts under pressure - A European comparison
Chapter 17: Constitutional courts under pressure - An assessment - Zoltan Szente and Fruzsina Gardos-Orosz
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