Constitutionality of Law without a Constitutional Court

ISBN-13: 9781032410098 / Twarda / 2023 / 264 str.

Opis

This book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point is the emergence of the so-called illiberal constitutionalism in several states as this phenomenon gravely affects the functioning of constitutional courts.

Spis treści

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?

O autorze

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.