Judicial Review in Central and Eastern Europe: Rationales or Rationalizations?

Israel Law Review, Vol. 42, No. 3, pp. 500-527, 2010

Hebrew University International Law Research Paper No. 07-10

29 Pages Posted: 31 Jan 2010

See all articles by Wojciech Sadurski

Wojciech Sadurski

The University of Sydney - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: January 31, 2010

Abstract

Constitutional judicial review in Central and Eastern Europe has become 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 debate 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 with the courts own views about the proper articulation of vague rights-provisions. This Article explores some of the reasons and consequences of this silence.

Keywords: Central Europe, Eastern Europe, Constitutional Judicial Review, Constitutional Courts, Activism, Germany, Silence of the Court

Suggested Citation

Sadurski, Wojciech, Judicial Review in Central and Eastern Europe: Rationales or Rationalizations? (January 31, 2010). Israel Law Review, Vol. 42, No. 3, pp. 500-527, 2010, Hebrew University International Law Research Paper No. 07-10, Available at SSRN: https://ssrn.com/abstract=1545271

Wojciech Sadurski (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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