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Judicial Law Making and Administration
In: Public administration review: PAR, Band 36, Heft 5, S. 551
ISSN: 1540-6210
Judicial Law-Making in European Constitutional Courts
In: Comparative Constitutional Change
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. The book covers the analysis of the law-making activity of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central–East European countries: Poland, Hungary, the Czech Republic, Slovak Republic, Latvia, and Bulgaria; as well as two international courts: the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The work thus identifies the mutual interactions between national constitutional courts and international tribunals in terms of their law-making activity. The chosen countries include constitutional courts which have been recently captured by populist governments and subordinated to political powers. Therefore, one of the purposes of the book is to identify the change in the law-making activity of those courts and to compare it with the activity of constitutional courts from countries in which democracy is not viewed as being under threat. Written by national experts, each chapter addresses a series of set questions allowing accessible and meaningful comparison. The book will be a valuable resource for students, academics, and policy-makers working in the areas of constitutional law and politics.
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Judicial law-making in European constitutional courts
In: Comparative constitutional change
"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"--
Open Texture and Judicial Law-Making
In: Social theory and practice: an international and interdisciplinary journal of social philosophy, Band 2, Heft 2, S. 177-187
ISSN: 2154-123X
Judge Manfred Lachs and Judicial Law-Making
In: Archiv des Völkerrechts: AVR, Band 35, Heft 4, S. 485
ISSN: 0003-892X
First or Second Best? Judicial Law-Making in European Private Law
In: Centre for the Study of European Contract Law Working Paper Series No. 2016-12
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Importance of Judicial Law Making: Perspectives of Bentham & Austin
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The Scope of Judicial Law-Making in the Common Law Tradition
In: Rabels Zeitschrift für ausländisches und internationales Privatrecht: The Rabel journal of comparative and international private law, Band 84, Heft 2, S. 211
ISSN: 1868-7059
One Mode of Judicial Law-making: Disapplying Extant International Law
In: Archiv des Völkerrechts, Band 55, Heft 1, S. 65
ISSN: 1868-7121
'Judge & Co.': Judicial Law-Making and the Mason Court
In: Agenda: a journal of policy analysis & reform, Band 5, Heft 1
ISSN: 1447-4735
Judicial Law-Making by Judicial Restraint? The Potential of Balancing in International Economic Law
In: German Law Journal 12 (2011), 1141–1174
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Judicial Law Making and Democratic Legitimacy: Understanding the Judicial Governance through Constitutional Revolution
In: Paper presented in Balancing Roles of the Three Wings of the State Towards India's Development conducted by Law Commission of India and Niti Aayog (25-26 November, 2017).
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