The Equilibrium of Parliamentary Law-making: Comparative Perspectives on the Role of Courts in a Democracy [Hardcover]

Introduction;??1.?The equilibrium of parliamentary law-making  A normative standard derived from the principles of constitutionalism;??2.?The disturbance of the equilibrium  Non-compliance with the requirements of constitutionalism;??3.?Guardians of the equilibrium  Non-judicial and judicial enforcement of the requirements of constitutionalism;??4.?How to recognize disturbances in the equilibrium?  Standards in constitutional judicial review;??5.?The preservation and restoration of the equilibrium  Judicial enforcement of the requirements of constitutionalism;??6.?The extent of judicial influence in the equilibrium  Judicialization of parliamentary law-making;??7.?A long road towards the achievement of equilibrium  Legislative riders in France;??8.?An equilibrium never searched thus never found  Lack of public participation in law-making in Hungary;??Conclusion

This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of these flaws. It combines theoretical analysis with case-law-centered comparative research covering a large number of decisions by apex courts operating in various jurisdictions.

Viktor Kazai is a post-doctoral researcher at the Universit? libre de Bruxelles, Belgium. He often collaborates with human rights NGOs and gives advice in strategic cases litigated at domestic apex courts and the European Court of Human Rights.

This book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimatl“)