Belov Martin. Courts and Judicial Activism under Crisis Conditions: Policy Making in a Time of Illiberalism and Emergency Constitutionalism. Routledge,2021. � 224 p.. 2021

This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.

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Contents

List of contributors

Introduction

Martin Belov

Courts are cornerstone institutions of liberal-democratic constitutionalism.

Part I Judicial activism

Conceptual and comparative constitutional issues

Law, politics, and the constitutional courts' activism

Setting the starting point

Mauro Zamboni

Introduction

A definitional framework

Constitutional Courts between law and politics

�Political vs. legal nature' as to the Constitutional Courts

A possible solution

Conclusion

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

Stefan Schlegel

Introduction

The case of Switzerland: A uniquely malleable constitution

The case of Germany: Low enough risk to insist on the last word

The Austrian case: More room for judicial activism but a merely theoretical risk of friction

Concluding remarks

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

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

The Italian experience

Maria Lucia Di Bitonto1

Introduction

The close connection between the Court of Strasbourg�s judgments and res judicata