In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends.

This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.

part I

Conceptualising pressure and change in constitutional adjudication

chapter 1|15 pages


Contemporary challenges of constitutional adjudication in Europe
ByZoltán Szente, Fruzsina Gárdos-Orosz

part II|208 pages

Coping with challenges by national courts

chapter 3|19 pages

Croatian constitutional adjudication in times of stress

ByDjordje Gardasevic

chapter 5|19 pages

Beware of disruptions

The Bundesverfassungsgericht as supporter of change and anchor of stability
ByVeith Mehde

chapter 6|17 pages

From submission to reaction

The Greek Courts’ stance on the financial crisis
ByApostolos Vlachogiannis

chapter 7|22 pages

Judicial deference or political loyalty?

The Hungarian Constitutional Court’s role in tackling crisis situations
ByZoltán Szente, Fruzsina Gárdos-Orosz

chapter 8|21 pages

Global markets, terrorism and immigration

Italy between a troubled economy and a Constitutional crisis
ByInes Ciolli

chapter 9|12 pages

Constitutional judiciary in crisis

The case of Poland
ByMirosław Granat

chapter 10|20 pages

Constitutional law and crisis

The Portuguese Constitutional Court under pressure?
ByMariana Canotilho

chapter 11|21 pages

Constitutional courts under pressure – New challenges to constitutional adjudication

The Case of Spain
ByFrancisco Balaguer Callejón

chapter 12|29 pages

National security and the limits of judicial protection

ByPatrick Birkinshaw

chapter 13|19 pages

The UK Supreme Court and Parliament

Judicial and Political Dialogues
ByJohn McEldowney

part III|55 pages

Responding to challenges on European level

chapter 14|25 pages

New challenges for constitutional adjudication in Europe:

What role could the ‘dialogue of courts’ play? 1
ByTania Groppi

chapter 15|15 pages

The negotiating function of the European Court of Human Rights

Reconciling diverging interests born from new European challenges
ByBeatrice Delzangles

chapter 16|14 pages

The crisis, judicial power and EU law

Could it have been managed differently by the EU Court of Justice?
ByMárton Varju

part IV|25 pages

Constitutional courts under pressure – A European comparison

chapter 17|24 pages

Constitutional courts under pressure – An assessment

ByZoltán Szente, Fruzsina Gárdos-Orosz