Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.

Constitutional courts --- Postcommunist states and nations. --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- Philosophy of law. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy of Law. --- Private International Law, International & Foreign Law, Comparative Law . --- Public International Law . --- Human Rights. --- Law—Philosophy. --- Law. --- Political science. --- Private international law. --- Conflict of laws. --- Public international law. --- Human rights. --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Law of nations --- Nations, Law of --- Public international law --- Law --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law and legislation --- Civil law

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Legal theory and methods. Philosophy of law --- Social justice --- Law --- Distributive justice --- Philosophy --- 340.12 --- Equality --- Justice --- Distribution (Economic theory) --- Wealth --- Natuurrecht. Rechtsfilosofie --(algemeen) --- Moral and ethical aspects --- -Philosophy --- Distributive justice. --- Social justice. --- Philosophy. --- 340.12 Natuurrecht. Rechtsfilosofie --(algemeen) --- Jurisprudence --- Law - Philosophy

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

In authoritarian states, the discourse on freedom of speech, conducted by those opposed to non-democratic governments, focuses on the core aspects of this freedom: on a right to criticize the government, a right to advocate theories arid ideologies contrary to government-imposed orthodoxy, a right to demand institutional reforms, changes in politics, resignation of the incompetent and the corrupt from positions of authority. The claims for freedom of speech focus on those exercises of freedom that are most fundamental and most beneficial to citizens - and which are denied to them by the government. But in a by-and­ large democratic polity, where these fundamental benefits of freedom of speech are generally enjoyed by the citizens, the public and scholarly discourse on freedom of speech hovers about the peripheries of that freedom; the focus is on its outer boundaries rather than at the central territory of freedom of speech. Those borderline cases, in which people who are otherwise genuinely committed to the core aspects of freedom of speech may sincerely disagree, include pornography, racist hate speech and religious bigoted expressions, defamation of politicians and of private persons, contempt of court, incitement to violence, disclosure of military or commercial secrets, advertising of merchandise such as alcohol or cigarettes or of services and entertainment such as gambling and prostitution.

Expression [Freedom of ] --- Free expression --- Freedom of expression --- Freedom of speech --- Liberty of expression --- Liberty of speech --- Liberté d'expression --- Meningsuiting [Vrijheid van ] --- Speech [Freedom of ] --- Vrijheid van meningsuiting --- Philosophy. --- Political science. --- Political philosophy. --- Law—Philosophy. --- Law. --- Constitutional law. --- Public international law. --- Philosophy of Law. --- Political Philosophy. --- Theories of Law, Philosophy of Law, Legal History. --- Constitutional Law. --- Public International Law . --- Law of nations --- Nations, Law of --- Public international law --- Law --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Political philosophy --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Interpretation and construction --- Free speech --- Speech, Freedom of --- Civil rights --- Assembly, Right of --- Freedom of information --- Intellectual freedom --- Law and legislation

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Constitutional law --- Constitutional law - European Union countries

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny against the background of a wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. He shows that, in the region of Central and Eastern Europe, their record in protecting constitutional rights has been mixed, and their impact upon the vibrancy of democratic participation and public discourse about controversial issues often negative. Sadurski urges us to reconsider the frequently unthinking enthusiasm for the imposition of judicial limits upon constitutional democracy. In the end, his reflections go to the very heart of the fundamental dilemma of constitutionalism and political theory: how best to find the balance between constitutionalism and democracy? The lively, if imperfect, democracies in Central and Eastern Europe provide a fascinating terrain for raising this question, and testing traditional answers. This innovative, wide-ranging and thought-provoking book will become essential reading for scholars and students alike in the fields of comparative constitutionalism and political theory, particularly for those with an interest in legal and political developments in the postcommunist world.

Constitutional courts --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- Constitutional law. --- Political science. --- Constitutional Law. --- Political Science. --- Theories of Law, Philosophy of Law, Legal History. --- Private International Law, International & Foreign Law, Comparative Law . --- Public International Law . --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Interpretation and construction --- Law—Philosophy. --- Law. --- Private international law. --- Conflict of laws. --- Public international law. --- Law of nations --- Nations, Law of --- Public international law --- Law --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Civil law