European Constitutional Courts and Transitions to Democracy
European Constitutional Courts and Transitions to Democracy
This book brings together research on democratization processes and constitutional justice by examining the role of three generations of European constitutional courts in the transitions to democracy that took place in Europe in the twentieth century. Using a comparative perspective, the author examines how the constitutional courts during that period managed to ensure an initial full implementation of the constitutional provisions, thus contributing - together with other actors and factors - to the positive outcome of the democratization processes. European Constitutional Courts and Transitions to Democracy provides a better understanding of the relationship between transitions to democracy and constitutionalism from the perspective of constitutional courts.
- Provides a diachronic comparison, providing an analysis of the role of these Courts in three different historical phases
- Offers one of the first studies available in English on the role played by the Italian and Spanish Constitutional Courts in the democratic transition processes
- Gives useful insights for constitutional courts in countries that are currently experiencing (or likely to experience in the future) a transition from authoritarian rule
Reviews & endorsements
'Biagi has produced a masterpiece of comparative law. His methodologically careful, crisply analytic study of constitutional courts in Europe deepens our understanding of the role of judicial review in democratic transition. He shows how courts transform politics while securing constitutional democracy.' Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago
'Francesco Biagi has written an important book on the role of constitutional courts in transitions to democracy. The literature on the subject is abundant, but Biagi’s book stands out because of its unique combination of an historical and interdisciplinary approach to highlight legal landmarks and substantive democratic achievements. His account of three generations of transitions is highly rewarding as it affords a wealth of both retrospective and prospective insights.' Michel Rosenfeld, Yeshiva University
Product details
June 2022Paperback
9781108702393
259 pages
229 × 152 × 14 mm
0.354kg
Available
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Table of Contents
- 1. Democratic transitions and constitutional courts
- 2. The first generation: the case of the Italian Constitutional Court
- 3. The second generation: the case of the Spanish Constitutional Court
- 4. The third generation: the case of the Constitutional Court of the Czech Republic
- 5. Comparing three generations
- Bibliography
- Index.
