ABSTRACT

The book has questioned the judicialization of democratic politics in the new democracies of Central and Eastern Europe. I have made an argument in favour of civic constitutionalism as a possible antidote against one-sided legal constitutionalism. And I have tried to show that while the new democracies have seen a strong turn towards what I have called legal constitutionalism since 1989, it is also possible to identify an – admittedly non-central and often latent – alternative tradition that explicitly values democratic participation and self-government. I have called this civic constitutionalism.