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.
Author(s):
Patricia Popelier, Armen Mazmanyan, Werner Vandenbruwaene
Series:
Law and Cosmopolitan Values
Volume:
3
book | published | 1st edition
December 2012 | xii + 312 pp.

Hardback
€75.-


ISBN 9781780681061


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Details

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

Chapters

Table of Contents (p. 0)

Chapter 1. Constitutional Courts and Multilevel Governance in Europe. Editors’ Introduction (p. 1)

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 (p. 19)

Chapter 3. The Challenges for Constitutional Courts as Guardians of Fundamental Rights in the European Union (p. 49)

PART II. CONSTITUTIONAL COURTS AS WATCHDOGS OVER THE INSTITUTIONAL BALANCE

Chapter 4. The Role of National Constitutional Courts in the European Legal Space (p. 77)

Chapter 5. Regions and Constitutional Courts in a Multilayered Europe (p. 105)

Chapter 6. The Judicial Enforcement of Subsidiarity. The comparative quest for an appropriate standard (p. 131)

PART III. CONSTITUTIONAL COURTS AS FORA FOR DELIBERATION

Chapter 7. Majoritarianism, Deliberation and Accountability as Institutional Instincts of Constitutional Courts (p. 165)

Chapter 8. Constitutional Courts and Deliberative Democracy (p. 183)

Chapter 9. Deliberative Practices of Constitutional Courts in Consolidated and Non-Consolidated Democracies (p. 199)

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? (p. 233)

Chapter 11. The Court as Regulatory Watchdog. The procedural approach in the case law of the European Court of Human Rights (p. 249)

Chapter 12. Courts as Regulatory Watchdogs. Does the European Court of Justice bark or bite? (p. 269)

Chapter 13. Standing Rights and Regulatory Dynamics in the European Union (p. 291)

About the series:

Law and Cosmopolitan Values

The Law & Cosmopolitan Values series contains monographs and collections of essays that address fundamental topics in law and globalisation, which range over doctrinal as well as normative questions of International and European law, human rights, justice and democracy. A main purpose of the series is to encourage scholarship that explores and transcends the categories and assumptions on which contemporary debates on globalization are conducted, and to stimulate reflection upon questions concerning the interplay between law, policy and principle.

Recognizing that there is non sharp distinction between theoretical and systematic work in the field from an analysis of law in context, the editors welcome studies from a wide variety of methodological traditions.
The contributions to the series which inevitably cross disciplinary lines appeal to students, researchers and professionals in public law, international law, human rights law, political science, legal, and political philosophy.

Editorial Board: Koen De Feyter, Alexia Herwig, George Pavlakos, Patricia Popelier and Wouter Vandenhole.
All members are part of the Centre for Law and Cosmopolitan Values at the University of Antwerp.

Advisory Board: Robert Alexy (Kiel), Samantha Besson (Fribourg, CH), Christian Joerges (Bremen), Panos Koutrakos (Bristol and Antwerp), Thalia. Kruger (Antwerp), Joost Pauwelyn (Geneva), Margot Salomon (LSE), Kok-Chor Tan (Pennsylvania), Herwig Verschueren (Antwerp) and Wim Voermans (Leiden).

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