Rights Before Courts

A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe

  • Wojciech Sadurski

Table of contents

  1. Front Matter
    Pages i-xx
  2. Courts

    1. Front Matter
      Pages 1-1
    2. Wojciech Sadurski
      Pages 45-90
    3. Wojciech Sadurski
      Pages 91-118
    4. Wojciech Sadurski
      Pages 119-141
  3. Rights

    1. Front Matter
      Pages 143-143
    2. Wojciech Sadurski
      Pages 167-251
    3. Wojciech Sadurski
      Pages 253-287
    4. Wojciech Sadurski
      Pages 289-328
    5. Wojciech Sadurski
      Pages 383-415
  4. Back Matter
    Pages 417-455

About this book


This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.


Abstract Review Citizenship And Voting Rights Comparative Constitutional Law Constitutional Court And The Parliamentary Minority Constitutional Courts And Legislation Constitutional Courts As Protectors Of Minorities? Constitutional Courts In Search Of Legitimacy Constitutional Courts and Human Rights Constitutional Courts in Central and Eastern Europe Constitutional Courts in Post-Communist States Constitutional Courts, The European Convention Of Human Rights Constitutional Courts, The Strasbourg Court Constitutional Review in Central and Eastern Europe Continental Model Of Review Equality And Constitutional Review European Dimension Of Constitutional Courts Ex-Post Review Freedom Of Expression Freedom Of Movement Freedom Of Petition, Assembly And Association Gender And Sexual Orientation Equality Judicial Activism And Restraint Minority Issues In CEE Model Of Judicial Review Monopoly Over Constitutional Adjudication Powers Of Constitutional Courts Prudence And Judicial Review Religious Freedom Rights Protection Rights To Health And Education Rights and Constitutional Courts Social Security Cases Socio-Economic Rights Special Case Of Affirmative Action Strength Of Judicial Review Tenure And Selection Of Judges The Impact Of Constitutional Courts On Law-Making The Right To Choice Of Residence The Right To Privacy The Right To Work Theories About Judicial Review

Authors and affiliations

  • Wojciech Sadurski
    • 1
  1. 1.University of SydneySydneyAustralia

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