Includes bibliographical references and index.

Democracy and Courts beyond the Ideological Banality / Daniel Valchev -- Disempowering courts : The Interrelationship between Courts and Politics in Contemporary Legal Orders / Konrad Lachmayer -- Courts and Legislation: Do Legislators and Judges Speak the Same Language? / Helen Xanthaki -- Text, Values and Interpretation : The Role of Judges and Legislative Power in Private Law / Attila Menyhárd -- Supreme Courts in Sweden : From Civil Servants to 'Real' Judges? / Mauro Zamboni -- From Separation of Powers to Superiority of Rights : the Italian Constitutional Court and End-of-Life Decisions / Monica Bonini -- The Negative Legislator : On Kelsen's Idea of a Constitutional Court / Paul Yowell -- Constitutional Courts as Ultimate Players in Multilevel Constituent Power Games : the Bulgarian Case / Martin Belov -- Courts in the Constitution making process : Paradoxes and Justifications / -- Antonios Kouroutakis -- The Least Dangerous Branch? : Constitutional Review of Constitutional Amendments in Europe / Michael Hein -- Constitutional Courts in the Context of Constitutional Regression : Some Comparative Remarks / Angela di Gregorio -- The Use of the EU Infringement Procedures to Protect De Facto the Rule of Law via the Development of the Parameter : From Obligations under the Treaties to the Charter of Fundamental Rights / Enrico Albanesi

"This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes"-- Provided by publisher.