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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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This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

Law. --- Private International Law, International & Foreign Law, Comparative Law. --- Constitutional Law. --- European Law. --- Constitutional law. --- Droit --- Droit constitutionnel --- Political questions and judicial power -- Europe. --- Political questions and judicial power -- United States. --- Law, Politics & Government --- Law - U.S. --- Law, General & Comparative --- Constitutional Law - U.S. --- Political questions and judicial power --- Judicial activism --- Judicial power and political questions --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Law --- Rule of law --- Separation of powers --- Political aspects --- Private International Law, International & Foreign Law, Comparative Law . --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Interpretation and construction --- Law—Europe. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Civil law