Contents

List of contributors ix

Introduction 1

MARTIN BELOV

PART I

Judicial activism: Conceptual and comparative constitutional

issues 19

1 Law, politics, and the constitutional courts’ activism: Setting the

starting point 21

MAURO ZAMBONI

2 Activism as defence: The role of courts in shaping the relationship between constitutions and international law: A comparison of the

apex courts of Switzerland, Germany and Austria 43

STEFAN SCHLEGEL

PART II

Judicial activism of international and supranational courts and its impact on national constitutional orders 61

3 The revolutionary impact of European Court of Human Rights case law on the idea of res judicata in criminal justice: The Italian

experience 63

MARIA LUCIA DI BITONTO

4 Thinking outside the politics box: Framing a judicial role in shaping

militant democracy in the European Union 74

VIOLETA BESIREVlC

PART III

Judicial activism and illiberal constitutionalism 99

5 An illiberal turn or a counter-constitutional revolution?: About the

Polish Constitutional Tribunal before and after 2015 101

ALEKSANDRA KUSTRA-ROGATKA

6 When activism takes the wrong turn: The case of the Romanian

Constitutional Court 125

BIANCA SELEJAN-GUTAN

7 The revolutionary role of constitutional courts in Morocco and

Jordan as a contemporary example from the MENA region 145

HADEEL S.

PART IV

Judicial activism and emergency constitutionalism 169

8 Mastering emergency situations: The activist role of the Bulgarian Constitutional Court in redefining the constitutional design of war,

state of siege and state of emergency 171

MARTIN BELOV

9 Activism of the Croatian Constitutional Court and Covid-19: A

Bridge Too Far 194

DJORDJE GARDASEVIC

Conclusion 213

MARTIN BELOV

Index

217