ABSTRACT

The pillars of constitutional democracy that the people have inherited from the nineteenth and twentieth centuries have been profoundly shaken. Additionally, it was paralleled by more demanding and far-reaching concepts and phenomena such as global constitutionalism and global governance. Its aims has been to raise the awareness of the impact of judicialisation of politics, politicisation of the judiciary, judicial activism and even imperial judicial politics of constitutionalism, constitutional theory and constitutional law. The focus of the book is on the role of courts in the context of globalisation, emergency constitutionalism and rising illiberalism and technocracy. It is used for strategic reallocation of the courts within the overall scheme of power distribution and accomplishment, undermining the role of the demos and the democratically elected institutions. It is a tactical tool embedded in and dependent on the rule of law. It demonstrates how globalisation, supranationalisation and vertical proliferation of power fosters and creates justifications for judicial activism.