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Law, Politics, and the Constitution

New Perspectives from Legal and Political Theory


Edited By Antonia Geisler, Michael Hein and Siri Hummel

The fourth Yearbook of the Central and Eastern European Forum of Young Legal, Political and Social Theorists reassesses central concepts of modern constitutionalism between the poles of law and politics: separation of powers, constitutional review, and constitutional rights and obligations. Fourteen legal scholars and political scientists from the region contribute to interrelated debates in both disciplines. Two questions are particularly raised: How can the aforementioned concepts be understood? And: Which role do they play in current national and supra-national institutions? With regard to the second question, an essential part of the chapters focuses on current developments within the European Union and in post-socialist states of Central and Eastern Europe.
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Table of Contents

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Part I Constitutional Review and Separation of Powers

Constitutional Courts and Their Power of Interpretation

André Brodocz

What is ‘Politicisation’ of Constitutional Courts? Towards a Decision-oriented Concept

Michael Hein and Stefan Ewert

Separation of Powers reconsidered: a Proposal for a New Theoretical Model at the Beginning of the 21st Century

Martin Belov

Part II Constitutional Review in East Central European Countries

Access to Constitutional Justice in the new Hungarian Constitutional Framework: Life after the Actio Popularis?

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