Suchergebnisse

Until recently the judicial remedy of a constitutional complaint existed in very few European countries, but has now been introduced in a number of Central and Eastern European States. An increased awareness of human rights questions resulting from the abuse of State power by former regimes, combined with the room to manoeuvre provided by the radical change in the political and constitutional system, has led to the introduction or expansion of existing legal mechanisms for the protection of constitutional rights and freedoms in these countries. The following remarks are intended to give an overview of the main procedural questions relating to the nature and functioning of constitutional complaints, and to examine the extent to which Western European experience might be used in the development of constitutional complaint mechanisms in Central and Eastern Europe

Abstract
On the one hand, Brexit has repatriated key competences from the EU to the UK, broadening the scope for political decisions which respond to national democratic preferences. On the other hand, it has highlighted traditional weaknesses of the British democracy, further concentrating powers in the hands of the British government and strengthening the role of the Prime Minister as the head of an "elective dictatorship" subject to few checks and balances. We explore these developments in light of constitutional law, political expert opinions, and mass surveys, showing that British democracy remains strong but is challenged by heightened popular expectations and widespread demands for reform.