Constitutional Review and Democracy

This volume is a follow-up to the conference 'Constitutional Review and Democracy,' organized in November 2013 at the Faculty of Law, University of Belgrade. The conference was convened as part of the ongoing project 'Constitutionalism and Rule of Law in the Nation-State Building: The Case of Serbia.' The book sheds new light on the complex relation between democracy and judicial review of constitutionality. It starts off with some general and theoretical aspects of the debate. Then, the second section discusses constitutional review in the European transnational setting, while the third part explores the dynamics between parliaments and highest courts in constitutional democracies without the formalized constitutional review. Finally, the book addresses the role of constitutional review in the processes of democratic transition and consolidation. Contents include: *** Part I: General Aspects and Theoretical Problems [Establishing Effective Constitutional Review * The Theory of Constitutional Review * Always above the Law? Justification of Constitutional Review Revisited * On the Abstract Case against Constitutional Review] *** Part II: Constitutional Review beyond the Nation State [Constitutional Review in a Democratic Deficit Setting: The Case of the European Union * Authority of European Human Rights Law: Lessons for Constitutional Law * Ban on Political Parties in a Dialogue of Jurisdictions: Cases against Turkey, Bulgaria, and Spain] *** Part III: Constitutionalism and Democracy without Review [Lingering with Intent: The UK Constitutional Review * Constitutional Review and Democracy in the Netherlands: Balancing Legislative and Judicial Powers in an Internationalized Legal Order] *** Part IV: Constitutional Review and Democratic Transition [Constitutional Justice and the Rule of Law: The Contribution of the Spanish Constitutional Court to the Consolidation of Democracy * The Romanian Constitutional Judge: Lost in Transition * Finding Ways through the Clouds of Uncertainty, Searching for Paths in the Desert of Sorrow: The Functioning of Constitutional Justice in a Non-Consolidated Democracy * Constitutional Review and the Parliamentary Supermajority: The Hungarian Example * The Role of the Constitutional Court of Serbia in Developing Constitutional Democracy: The Example of a Dispute on the Legal Nature of Representative Mandate]. (Series: Democracy and the Rule of Law - Vol. 5) [Subject: Constitutional Law, International Law]