ABSTRACT
In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends.
This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.
TABLE OF CONTENTS
part I
Conceptualising pressure and change in constitutional adjudication
part II|208 pages
Coping with challenges by national courts
chapter 5|19 pages
Beware of disruptions
chapter 7|22 pages
Judicial deference or political loyalty?
chapter 8|21 pages
Global markets, terrorism and immigration
chapter 10|20 pages
Constitutional law and crisis
chapter 11|21 pages
Constitutional courts under pressure – New challenges to constitutional adjudication
part III|55 pages
Responding to challenges on European level
chapter 14|25 pages
New challenges for constitutional adjudication in Europe:
chapter 15|15 pages
The negotiating function of the European Court of Human Rights
chapter 16|14 pages
The crisis, judicial power and EU law
part IV|25 pages
Constitutional courts under pressure – A European comparison