ABSTRACT

This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions.

The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives.

The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.

chapter |17 pages

Introduction

ByMartin Belov

part I|43 pages

Judicial activism

chapter 1|23 pages

Law, politics, and the constitutional courts' activism

21Setting the starting point
ByMauro Zamboni

chapter 2|18 pages

Activism as defence

The role of courts in shaping the relationship between constitutions and international law: A comparison of the apex courts of Switzerland, Germany and Austria
ByStefan Schlegel

part II|38 pages

Judicial activism of international and supranational courts and its impact on national constitutional orders

chapter 3|12 pages

The revolutionary impact of European Court of Human Rights case law on the idea of res judicata in criminal justice

63The Italian experience
ByMaria Lucia Di Bitonto

chapter 4|25 pages

Thinking outside the politics box

Framing a judicial role in shaping militant democracy in the European Union
ByVioleta Beširević

part III|70 pages

Judicial activism and illiberal constitutionalism

chapter 5|25 pages

An illiberal turn or a counter-constitutional revolution?

101About the Polish Constitutional Tribunal before and after 2015
ByAleksandra Kustra-Rogatka

chapter 6|20 pages

When activism takes the wrong turn

The case of the Romanian Constitutional Court
ByMartin Belov

part IV|48 pages

Judicial activism and emergency constitutionalism

chapter 8|24 pages

Mastering emergency situations

171The activist role of the Bulgarian Constitutional Court in redefining the constitutional design of war, state of siege and state of emergency
ByMartin Belov

chapter 9|19 pages

Activism of the Croatian Constitutional Court and Covid-19

A Bridge Too Far
ByDjordje Gardasevic

chapter |4 pages

Conclusion

ByMartin Belov