European Constitutional Courts and Transitions to Democracy

Francesco Biagi (Università di Bologna)

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English

Cambridge University Press
02 January 2020

Political structures: democracy; Comparative law; Courts & procedure; Regulation of legal profession; Constitutional & administrative law

Series: ASCL Studies in Comparative Law

This book brings together research on democratization processes and constitutional justice by examining the role of three generations of European constitutional courts in the transitions to democracy that took place in Europe in the twentieth century. Using a comparative perspective, the author examines how the constitutional courts during that period managed to ensure an initial full implementation of the constitutional provisions, thus contributing - together with other actors and factors - to the positive outcome of the democratization processes. European Constitutional Courts and Transitions to Democracy provides a better understanding of the relationship between transitions to democracy and constitutionalism from the perspective of constitutional courts.

By: Francesco Biagi (Università di Bologna)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 235mm, Width: 157mm, Spine: 18mm
Weight: 480g
ISBN: 9781108489393
ISBN 10: 1108489397
Series: ASCL Studies in Comparative Law
Pages: 254
Publication Date: 02 January 2020
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1. Democratic transitions and constitutional courts; 2. The first generation: the case of the Italian Constitutional Court; 3. The second generation: the case of the Spanish Constitutional Court; 4. The third generation: the case of the Constitutional Court of the Czech Republic; 5. Comparing three generations; Bibliography; Index.

Francesco Biagi is an Adjunct Professor of Comparative Constitutionalism, a Post-doctoral Research Fellow in Comparative Public Law at the University of Bologna School of Law, and a Researcher at the Center for Constitutional Studies and Democratic Development. From October 2015 to January 2017, he was a Senior Research Fellow at the Max Planck Foundation for International Peace and the Rule of Law (Heidelberg), where he now works as a legal consultant. He is the co-editor of Political and Constitutional Transitions in North Africa: Actors and Factors (with Justin O. Frosini, 2015).

Reviews for European Constitutional Courts and Transitions to Democracy

'Biagi has produced a masterpiece of comparative law. His methodologically careful, crisply analytic study of constitutional courts in Europe deepens our understanding of the role of judicial review in democratic transition. He shows how courts transform politics while securing constitutional democracy.' Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago 'Francesco Biagi has written an important book on the role of constitutional courts in transitions to democracy. The literature on the subject is abundant, but Biagi's book stands out because of its unique combination of an historical and interdisciplinary approach to highlight legal landmarks and substantive democratic achievements. His account of three generations of transitions is highly rewarding as it affords a wealth of both retrospective and prospective insights.' Michel Rosenfeld, Yeshiva University