European Constitutional Courts and Transitions to Democracy

A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.

Francesco Biagi (Author)

9781108702393, Cambridge University Press

Paperback / softback, published 30 June 2022

259 pages
22.9 x 15.2 x 1.4 cm, 0.354 kg

'Francesco Biagi has written an important book on the role of constitutional courts in transitions to democracy. The literature on the subject is abundant, but Biagi's book stands out because of its unique combination of an historical and interdisciplinary approach to highlight legal landmarks and substantive democratic achievements. His account of three generations of transitions is highly rewarding as it affords a wealth of both retrospective and prospective insights.' Michel Rosenfeld, Yeshiva University

This book brings together research on democratization processes and constitutional justice by examining the role of three generations of European constitutional courts in the transitions to democracy that took place in Europe in the twentieth century. Using a comparative perspective, the author examines how the constitutional courts during that period managed to ensure an initial full implementation of the constitutional provisions, thus contributing - together with other actors and factors - to the positive outcome of the democratization processes. European Constitutional Courts and Transitions to Democracy provides a better understanding of the relationship between transitions to democracy and constitutionalism from the perspective of constitutional courts.

1. Democratic transitions and constitutional courts
2. The first generation: the case of the Italian Constitutional Court
3. The second generation: the case of the Spanish Constitutional Court
4. The third generation: the case of the Constitutional Court of the Czech Republic
5. Comparing three generations
Bibliography
Index.

Subject Areas: Constitutional & administrative law [LND], Regulation of legal profession [LNAL], Courts & procedure [LNAA], Legal system: general [LNA], Comparative law [LAM]