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"Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in central and eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court's decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries."
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"This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined"--
Political questions and judicial power --- Judicial activism --- Judicial power and political questions --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Law --- Rule of law --- Separation of powers --- Political aspects --- Constitutional courts --- Judicial power --- Constitutional courts - Europe --- Judicial power - Europe --- Political questions and judicial power - Europe --- constitutional courts --- constitutional interpretation --- democracy --- judicial activism --- judicial law-making --- judicial review --- positive legislation --- separation of powers
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Constitutional courts --- Judicial review --- Conflict of laws --- Jurisdiction --- 342.59 --- Bevoegdheidsconflict tussen de machten. Overlegcomite. Belangenconflict.Verhouding wetgevende-uitvoerende macht. Arbitragehof --- 342.59 Bevoegdheidsconflict tussen de machten. Overlegcomite. Belangenconflict.Verhouding wetgevende-uitvoerende macht. Arbitragehof --- Cours constitutionnelles --- Contrôle juridictionnel des lois --- Juridiction (Droit international privé) --- Review, Judicial --- Constitutional law --- Courts --- Delegation of powers --- Executive power --- Judicial power --- Legislation --- Legislative power --- Rule of law --- Separation of powers --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- Public law. Constitutional law --- Comparative law --- Public administration --- Contrôle juridictionnel des lois --- Juridiction (Droit international privé) --- Europe --- Human rights --- Constitutional courts - Europe --- Judicial review - Europe --- Conflict of laws - Jurisdiction - Europe --- Belgique --- Allemagne --- Etats-Unis --- Italie --- France --- Russie --- Hongrie --- Royaume-Uni --- République tchèque --- Autriche --- Contrôle juridictionnel de lois --- Recours constitutionnels --- Etudes comparatives
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