Publication details

Constitutional Referrals by Ordinary Courts: A Platform for Judicial Dialogue and Another Toolkit for Judicial Resistance?

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Year of publication 2024
Type Article in Periodical
Magazine / Source European Constitutional Law Review
MU Faculty or unit

Faculty of Law

Keywords constitutional referrals; judicial dialogue; constitutional court; ordinary courts; concrete judicial review; judicial resistance; democratic decay
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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