The Role of Constitutional Courts in Multilevel Governance
Constitutional review has not only expanded geographically; it has also expanded in its mission and function, acquiring new subject areas and new roles and responsibilities. In examining these new roles and responsibilities, this collection reflects on constitutional review as an aspect of constitutionalism framed in the context of multilevel governance. Bringing together a number of remarkable, yet varied, contributions, it explores how institutional changes of multilevel governance have transformed the notion, shape and substance of constitutional review. To this end, four key roles, new and old, are identified: courts act as guardian of fundamental rights, they oversee the institutional balance, they provide a deliberative forum and they assume the function of a regulatory watchdog. This book explores these different roles played by national and European courts, and the challenges brought about by the involvement in multilevel networks and the shift to new concepts of governance.
About this book
‘[This] collection offers a novel contribution to the debate concerning constititionalisation of the European Union and the role national and European courts play in this process.’
X in S.E.W. (2014) 46
‘[a] thorough and complex exploration of the matter.’
Robert Zbiral in CMLRev (2014) 699
‘This book is impressive for many reasons: the authors have managed to gather together a set of challenging contributions, offering a quite fresh account of the role of constitutional courts in the multilevel context. […] Although all the chapters deal with very different topics, they all present a strong continuity and this is indeed a merit of the editors: I am sure this volume is going to be a point of reference for scholars interested in European and comparative constitutional law.’
Giuseppe Martinico in E. L Rev. (2014) 588
Type of product | Book |
---|---|
Format | Hardback |
EAN / ISSN | 9781780681061 |
Series name | Law and Cosmopolitan Values |
Weight | 700 g |
Status | Available |
Number of pages | xii + 312 p. |
Access to exercice | No |
Publisher | Intersentia |
Language | English |
Publication Date | Dec 13, 2012 |
Available on Strada Belgique | No |
Available on Strada Europe | No |
Available on Strada Luxembourg | No |
Downloads
- Table of Contents
- Chapter 1. Constitutional Courts and Multilevel Governance in Europe. Editors’ Introduction
Armen Mazmanyan, Patricia Popelier, Werner Vandenbruwaene - PART I. CONSTITUTIONAL COURTS AS GUARDIANS OF FUNDAMENTAL RIGHTS
- Chapter 2. Constitutional Courts as Guardians of Fundamental Rights. The constitutionalisation of the Convention through domestic constitutional adjudication
Catherine Van de Heyning - Chapter 3. The Challenges for Constitutional Courts as Guardians of Fundamental Rights in the European Union
Aida Torres Pérez - PART II. CONSTITUTIONAL COURTS AS WATCHDOGS OVER THE INSTITUTIONAL BALANCE
- Chapter 4. The Role of National Constitutional Courts in the European Legal Space
Monica Claes, Bruno de Witte - Chapter 5. Regions and Constitutional Courts in a Multilayered Europe
Anna Gamper - Chapter 6. The Judicial Enforcement of Subsidiarity. The comparative quest for an appropriate standard
Werner Vandenbruwaene - PART III. CONSTITUTIONAL COURTS AS FORA FOR DELIBERATION
- Chapter 7. Majoritarianism, Deliberation and Accountability as Institutional Instincts of Constitutional Courts
Armen Mazmanyan - Chapter 8. Constitutional Courts and Deliberative Democracy
Mark Van Hoecke - Chapter 9. Deliberative Practices of Constitutional Courts in Consolidated and Non-Consolidated Democracies
Patricia Popelier, Aída Araceli Patiño Álvarez - PART IV. CONSTITUTIONAL COURTS AS REGULATORY WATCHDOGS
- Chapter 10. The Good Shepherd of Karlsruhe. The ‘Hartz IV’ decision – A good example of regulatory review by the German Federal Constitutional Court?
Klaus Messerschmidt - Chapter 11. The Court as Regulatory Watchdog. The procedural approach in the case law of the European Court of Human Rights
Patricia Popelier - Chapter 12. Courts as Regulatory Watchdogs. Does the European Court of Justice bark or bite?
David Keyaerts - Chapter 13. Standing Rights and Regulatory Dynamics in the European Union
Anne Meuwese