ABSTRACT

Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature.

Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional adjudication in Central and Eastern Europe between 1990 and 2020. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on the Central and Eastern European region, and a short summary of the methodology of the project. This is followed by ten country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further nine countries are explored in the counterpart volume to this book: Constitutional Review in Western Europe: Judicial-Legislative Relations in Comparative Perspective.

The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.

chapter 2|29 pages

The Croatian Constitutional Court

From a potentially powerful court to a court of rejections

chapter 3|29 pages

The Czech Constitutional Court

The inconspicuous constrainer

chapter 4|28 pages

The Estonian Supreme Court

Strength by pragmatic collegiality

chapter 5|28 pages

The Hungarian Constitutional Court

Dialogue in practice

chapter 6|26 pages

The Latvian Constitutional Court

Dialogue and cooperation among constitutional bodies

chapter 7|22 pages

The Lithuanian Constitutional Court

The gradual emergence of a strong guardian

chapter 8|28 pages

The Polish Constitutional Tribunal

Encountering politics

chapter 9|26 pages

The Romanian Constitutional Court

Layers of constitutional adjudication

chapter 10|30 pages

The Slovak Constitutional Court

The promise of Dworkinian adjudication?

chapter 11|20 pages

The Slovenian Constitutional Court

Courage in times of political instability