Constitutional Review in Europe

Maartje de Visser is an Assistant Professor of Law at the Singapore Management University. Prior to this, she held appointments at Maastricht University and Tilburg Law School in the Netherlands. This book is the culmination of research carried out between 2008 and 2013 when Maartje was a member of the European and National Constitutional Law (EuNaCon) Project, funded by the European Research Council (ERC).

... a highly welcome contribution as a well-researched handbook for all those interested in comparative constitutional legal studies in the Member States and the EU constitutional legal order....it offers plenty of 'pistes de refléxion' in the concluding section of each chapter and assembles a very helpful sample of legislative, jurisprudential and institutional developments in a well-chosen array of constitutional regimes of the EU and EU Member States.

• Introduction Introductory Definitions: Constitutional Interpretation and Constitutional Review Background: The Need for a Perspective Combining National and European Constitutional Law Objectives Method Terminology StructureChapter 1The Role of Non-Judicial Actors in Upholding the Constitution I. Introduction II. Councils of State and Chancellors of Justice III. Parliament and its Committees IV. Heads of State V. The People VI. Concluding Remarks Chapter 2The Rise of Constitutional Adjudication I. Introduction II. The Notion of 'Constitutional Jurisdiction' III. Exploring the Reasons behind the Rise of Constitutional Adjudication IV. Bucking the Trend? A Closer Look at the Approaches of the Netherlands and the United Kingdom V. Concluding Remarks and Some Brief Reflections on the Two European Courts Chapter 3Purposes of Constitutional Adjudication and Access to Constitutional Courts I. Introduction II. The Institutional Design of Constitutional Adjudication III. Four Purposes that May be Served by Constitutional Adjudication IV. Final Comparative Remarks and Reflections on the Court of Justice Chapter 4The Constitutional Bench I. Introduction II. Selection and Appointment Procedures III. Number of Judges and Eligibility Criteria IV. Tenure of Judicial Appointments and Termination Thereof V. Final Comparative Remarks and Reflections on the Court of Justice Chapter 5Identifying the Sources of Standards for Constitutional Review I. Introduction II. Belgium: Cour constitutionnelle III. Czech Republic: Ustavni Soud IV. Germany: Bundesverfassungsgericht V. France: Conseil constitutionnel VI. Hungary: Alkotmanybirosag VII. Italy: Corte costituzionale VIII. Poland: Trybunal Konstytucyjny IX. Spain: Tribunal Constitucional X. The Netherlands: Raad van State XI. United Kingdom: House of Lords Constitution Committee XII. Finland: Perustuslakivaliokunta XIII. European Union: Court of Justice XIV. Comparative Remarks Chapter 6Testing and Remedying Unconstitutionality I. Introduction II. Deference Rhetoric III. Theory of the Living Law IV. Constitution-Conform Interpretation V. Types of Judgment and their Effects VI. Concluding Remarks Chapter 7Interplay between Constitutional Courts and Other Actors I. Introduction II. Interactions between Constitutional Courts and (Constitutional) Legislatures III. Interactions between Constitutional Courts and the Ordinary Courts IV. Interactions among European Constitutional Courts V. Interactions between Constitutional Courts and the Court of Justice VI. Interactions between National Highest and Constitutional Courts and the European Court of Human Rights VII. Concluding Remarks