Publication details
Constitutional Referrals by Ordinary Courts: A Platform for Judicial Dialogue and Another Toolkit for Judicial Resistance?
| Authors | |
|---|---|
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | European Constitutional Law Review |
| MU Faculty or unit | |
| Citation | |
| Web | Open access článku |
| Doi | http://dx.doi.org/10.1017/S1574019624000087 |
| Keywords | constitutional referrals; judicial dialogue; constitutional court; ordinary courts; concrete judicial review; judicial resistance; democratic decay |
| Attached files | |
| Description | This article provides a first comprehensive theoretical study of constitutional referrals by ordinary courts. It conceptualises the constitutional referrals, provides a novel taxonomy of its main features and functions, and shows how it contributes to the judicial dialogue. It argues that, if used strategically, constitutional referrals operate as a self-defence mechanism of the judiciary against other branches. As a result, they become another tool of judicial resistance in the era of democratic backsliding. To demonstrate how constitutional referrals work in practice, these claims are illustrated on the single case study of Czechia. |
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