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Socio-Economic Constitutional Rights in Democratisation Processes

An Account of the Constitutional Dialogue Theory


Anna Jaron

Is constitutional jurisprudence on socio-economic rights a threat to democracies? How powerful are constitutional courts in this field? Is it possible to restrain judicial activism in socio-economic adjudication? Through reference to constitutional dialogue theory, this book shows constitutional adjudication in socio-economic matters through the lenses of constitutional pluralism and intra-institutional deliberation. The experiences of nascent Central-Eastern European democracies which have undergone democratic changes in early 90ies of the 20th century are particularly interesting as a case study. The example of Polish, Czech and Slovak constitutional acquis are used to encourage the mechanisms that legitimize the role of constitutional courts in the field of socio-economic adjudication.


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Usually, the first and last pages of the book are the most widely read of the en- tire publication. They are also the most enhanced parts of the work, which re- flect its core content. While it may be true to some extent, here is the place where I may take a step back and look at the distance on the theories and argu- ments I articulated in throughout the pages of this book. Hereby, I want to re- cognise the foundations that lie at the bottom of this work, without which writ- ing of it would have been impossible. This book is a result of the research I have conducted at the Department of Law of the European University Institute in Florence. In this place, I want to thank my supervisor professor Wojciech Sadurski for his continuous support during the PhD program at the EUI. He taught me how to ask questions and formulate thoughts. His support to my interdisciplinary approach to the research encouraged my working spirits. I am deeply thankful for the attention I have re- ceived from you Professor. I also want to express my gratitude to constitutional justices I had a pleasure to meet and interview for the purposes of my thesis – prof. Ewa towska, prof. Marek Safjan, prof. Mirosaw Wyrzykowski, prof. Jerzy Ciemniewski from the Polish Constitutional Court, and prof. Vojtech Cepl from the Czech Constitu- tional Court. My thanks go also to Ján tiavnick, Erika Kurakova and Miloslav Babjak court advisers of...

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