To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

"Democracy theories and comparative political science have been challenged within the last decade by an unexpected democratic deficit and the rise of populism in the new EU-member states. This volume written by German and Czech scholars gives some food for thought for solving these research problems by means of thorough analyses of the polity, the politics and selected policies of the Czech Republic since 1990."Dieter Segert, retired Professor of Political Science (Area Studies on Eastern Europe), University of Vienna, Austria "Czech Democracy in Crisis is a long-overdue comprehensive study of the Czech political system. Using institutional approaches to change, it explores crucial policy outcomes. A perfect book for academics and practitioners who want to understand the challenges of democratic consolidation in a new democracy."Lenka Bustikova, Associate Professor of Political Science, Arizona State University, USA, and author of Extreme Reactions: Radical Right Mobilization in Eastern Europe The image of the Czechs as a poster child of democratization has changed into a crisis narrative in recent years. This edited volume traces this change and examines the suitability of different theories to explain developments in Czech democracy. The contributors, all renowned experts in their fields, offer well-founded and compact insights into the post-1989 Czech political system. They cover political institutions and parties; civil society; the media; and selected policy areas such as foreign, economic, migration and regional policy. The book takes into account processes of democratization and Europeanization, explaining the political picture at various stages of development. Finding that many of today’s problems—fragmented political parties, government instability, inefficient state administration and low quality of governance—have not been new developments but have constantly existed, the authors present a plea for theoretical adjustments that should be read by all academics, students, practitioners and readers with an interest in Czech politics and society.

Winner of the Foundations of Political Theory First Book Prize Honorable Mention, 2001Theory meets practice in The Philosophy and Politics of Czech Dissidence from Patocka to Havel, a critical study of the philosophy and political practice of the Czech dissident movement Charter 77. Aviezer Tucker examines how the political philosophy of Jan Patocka (1907-1977), founder of Charter 77, influenced the thinking and political leadership of Vaclav Havel as dissident and president. The Philosophy and Politics of Czech Dissidence from Patocka to Havel is the first serious treatment of Havel as philosopher and Patocka as a political thinker. Through the Charter 77 dissident movement in Czechoslovakia, opponents of communism based their civil struggle for human rights on philosophic foundations, and members of the Charter 77 later led the Velvet Revolution. After Patocka's self-sacrifice in 1977, Vaclav Havel emerged a strong philosophical and political force, and he continued to apply Patocka's philosophy in order to understand the human condition under late communism and the meaning of dissidence. However, the political/philosophical orientation of the Charter 77 movement failed to provide President Havel with an adequate basis for comprehending and responding to the extraordinary political and economic problems of the postcommunist period. In his discussion of Havel's presidency and the eventual corruption of the Velvet Revolution, Tucker demonstrates that the weaknesses in Charter 77 member's understanding of modernity, which did not matter while they were dissidents, seriously harmed their ability to function in a modern democratic system. Within this context, Tucker also examines Havel's recent attempt to topple the democratic but corrupt government in 1997-1998. The Philosophy and Politics of Czech Dissidence from Patocka to Havel will be of interest to students of philosophy and politics, scholars and students of Slavic studies, and historians, as well as anyone fascinated by the nature of dissidence.

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.

This book considers whether the potential of democracy following the end of the Cold War was diminished by technocratic, judicial control of politics in the new democracies of Central and Eastern Europe. It explores the complexities and drawbacks of modern constitutionalism by offering a comprehensive theoretical and comparative-empirical assessment of the status and role of constitutionalism in five new EU Member States. The democratization of countries in Central and Eastern Europe has been guarded by constitutions and constitutional courts. This book examines the implications of powerful courts and rigid constitutions for the democratic engagement of citizens and the political authority of politicians. Using an interdisciplinary and comparative approach, the book analyses the historical emergence of powerful constitutional institutions in the Czech Republic, Hungary, Poland, Romania and Slovakia. The author argues that the democratic promise of 1989 largely lost out to a technocratic and top-down view of judicial control of politics – a state of affairs reinforced by EU accession. The current backlash in countries such as Hungary and Romania indicates that the realization of democratization to the extent initially expected might be ever more remote in some new democracies. New Democracies in Crisis? will be of interest to students and scholars of European Union politics, democratization studies, European constitutionalism, socio-legal studies, governance and comparative politics.

Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.