Judicial Review in Central and Eastern Europe: Rationales or Rationalizations?
University of Sydney - Faculty of Law
May 8, 2009
Sydney Law School Research Paper No. 09/38
Constitutional judicial review in Central and Eastern Europe became an entrenched and powerful factor in the politics and constitutional life of these countries; indeed, it would be impossible to give even a rough account of these new democracies without bringing constitutional courts into the picture. For all their importance and activism, their introduction had not been preceded by any thorough debates concerning the merits and demerits of the model transplanted from Western Europe - especially, from Germany - and the developing jurisprudence of the courts was strangely silent about the grounds and the limits of the courts' legitimacy, especially when replacing parliamentary choices on rights implicating matters but the courts' own views about the proper articulation of vague rights provisions. This paper explores some of the reasons and consequences of this silence.
Number of Pages in PDF File: 22
Keywords: comparative constitutional law, judicial review, constitutional review, constitutional courts, Central and Eastern Europe
JEL Classification: K10, K30
Date posted: May 9, 2009
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