Foreword |
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xiii | |
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Acknowledgments |
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xix | |
Notes on the Text |
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xxi | |
Introduction |
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1 | (7) |
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1 Democratic Transitions and Constitutional Courts |
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8 | (25) |
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8 | (5) |
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2 Formal Transition and Substantive Transition |
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13 | (2) |
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3 From the Staatsgerichtsbarkeit to the Verfassungsgerichtsbarkeit |
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15 | (3) |
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4 The Difficulties of the First European Constitutional Courts |
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18 | (5) |
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5 The Close Link between the Processes of Democratic Transition and the Setting Up of Constitutional Courts after World War II |
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23 | (10) |
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A The "Terrible Lessons" Learned from Autocratic Regimes |
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24 | (3) |
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B Distrust toward the Legislature and Fear of the Judiciary |
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27 | (2) |
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C Constitutional Courts in the Constitution-Making Processes |
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29 | (2) |
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D The Role of the Council of Europe and the European Union |
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31 | (2) |
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2 The First Generation: The Case of the Italian Constitutional Court |
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33 | (54) |
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1 The Constitutional Court in the 1948 Constitution |
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33 | (8) |
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2 The Establishment of the Constitutional Court: A Long and Complex Process |
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41 | (4) |
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3 1948-1956: The Blocking of the Substantive Transition |
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45 | (5) |
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4 Decentralized Constitutional Review as a "Channel of Continuity" of the State |
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50 | (7) |
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5 The Constitutional Court in the Substantive Transition |
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57 | (26) |
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A Judgment 1/1956: The First Ruling Overturning a Fascist Law |
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62 | (4) |
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B The Court and the Non-Catholic Religions: A Stimulus for Reform |
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66 | (5) |
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C The Right to Strike: The Court as a "Substitute" for Parliament |
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71 | (5) |
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D The Court and Public Order: A Janus-Faced Case Law |
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76 | (7) |
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6 The Italian Constitutional Court: A New Body Breaking with the Past and Going against the Tide |
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83 | (4) |
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3 The Second Generation: The Case of the Spanish Constitutional Court |
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87 | (47) |
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1 The Transition to Democracy and the Politics of Consensus |
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87 | (10) |
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A The Role of King Juan Carlos |
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91 | (2) |
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B The Territorial Organization of the State |
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93 | (4) |
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2 The Setting Up of the Constitutional Court |
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97 | (4) |
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3 The Four Main Areas of Intervention of the Constitutional Court during the Substantive Transition |
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101 | (30) |
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A The Constitutional Court and the Upholding of the Normative Value of the Constitution |
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105 | (5) |
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B The Constitutional Court and Preconstitutional Legislation: Quality More Than Quantity |
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110 | (8) |
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C The End of a Burla: The Constitutional Court and the Creation of an Effective System of Protection of Fundamental Rights |
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118 | (6) |
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D The Constitutional Court and the "Jurisprudential Construction" of the State of Autonomies |
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124 | (7) |
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131 | (3) |
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4 The Third Generation: The Case of the Constitutional Court of the Czech Republic |
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134 | (44) |
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1 From the Velvet Revolution to the Birth of Two Independent States |
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134 | (7) |
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2 The Czech Republic: Continuity with the Past, Internal Questions, and European Integration |
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141 | (5) |
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3 Acceptance and Rejection of the Constitutional Court |
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146 | (8) |
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4 Dealing with the Past: The Court and Transitional Justice |
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154 | (14) |
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A The Defense of Democracy: The Federal Court, the Czech Court, and the Lustration Laws |
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155 | (6) |
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B The Break with the Past: The Court and the Law on the Illegitimacy of the Communist Regime |
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161 | (3) |
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C Remedy for Injustices: The Court and the Laws on the Restitution of Property |
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164 | (4) |
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5 The Court and the Protection of Fundamental Rights |
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168 | (7) |
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A The Right to Vote and the Electoral System |
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172 | (3) |
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6 The Guardian of the Velvet Revolution |
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175 | (3) |
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5 Comparing Three Generations |
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178 | (29) |
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1 Shared Actions: The Upholding of the Normative Value of the Constitution and the Protection of Fundamental Rights |
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178 | (7) |
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2 Specific Issues Examined by the Constitutional Courts |
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185 | (4) |
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3 The Success of the Centralized System |
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189 | (3) |
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4 Factors Influencing the Action of the Constitutional Courts |
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192 | (11) |
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A The Time Needed for the Constitutional Courts to Be Set Up |
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192 | (1) |
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B The Appointment Procedure and the Status of Constitutional Judges |
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193 | (2) |
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C The Procedural Gateways to the Courts and the Actors Entitled to Appeal |
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195 | (2) |
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D The Historical, Political, and Institutional Context |
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197 | (2) |
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199 | (4) |
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5 The Countermajoritarian Difficulty and Transition Processes |
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203 | (2) |
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6 Constitutional Courts as Guarantors of the Success of the Transitions to Democracy? |
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205 | (2) |
Bibliography |
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207 | (22) |
Index |
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229 | |