The creation of constitutional courts from the comparative perspective Cover Image

Kreace ústavních soudů ze srovnávací perspektivy
The creation of constitutional courts from the comparative perspective

Author(s): Jan Kysela, Zdeněk Kühn
Subject(s): Constitutional Law
Published by: Masarykova univerzita nakladatelství
Keywords: constitutional courts;comparative perspective;

Summary/Abstract: The world at the turn of the 20th and 21st centuries is judicialized; judges also decide on issues previously distant to them. There is talk of a global expansion of the judiciary. The European Court of Justice (ECJ) in Luxembourg created the European Communities as we know them today: it is indisputable that if it had not been the court's expansive decisions in the first three decades, the EU would look completely different today and be just one of many such organizations. Domestic constitutional (or supreme) courts play a crucial role in Germany, the USA, Spain, Italy, Central Europe and many other countries around the world, and their decisions are inevitably reflected in politics. Thus, the judiciary undoubtedly plays a role in the global comparison that has no historical analogy.

  • Issue Year: 11/2003
  • Issue No: 1
  • Page Range: 1-16
  • Page Count: 16
  • Language: Czech