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Judge-Made Law - Comparison between the Court of Justice of the European Union and the Supreme Court of the United States
Dumbrovský, Tomáš
JUDGE-MADE LAW COMPARISON BETWEEN THE COURT OF JUSTICE OF THE EUROPEAN UNION AND THE SUPREME COURT OF THE UNITED STATES Keywords: judge-made law; the European Union; the Court of Justice of the European Union; the Supreme Court of the United States; judicialization of governance; Kelsenian court; European constitutional space; European constitution; normativity; constitutional pluralism; sovereignty; federalism; post-communist states; new Member States of the European Union. Standard page (that is 1800 characters per page) and word count (including footnotes; without the contents, bibliography and annexes): 327 standard pages; 82 795 words. The Ph.D. thesis offers a complex reconceptualization of the constitutional system in the European Union. The constitutional systems of the Member States have been substantially transformed during the 20th century. Meanwhile a new constitutional system functioning in the Member States alongside their own systems has emerged - the constitutional system of the European Union. These two fundamental changes are difficult to grasp through an existing theoretical framework. That is because the framework is based on a set of outdated concepts: (i) Rousseau's concept of volonté générale that forms the basis of the parliamentary supremacy in a constitutional system; (ii)...
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Constitutional courts and preliminary references to the CJEU
Pivoda, Marek ; Syllová, Jindřiška (referee)
The thesis aims to analyse the use of preliminary reference procedure according to Article 267 of the TFEU by the constitutional courts. It firstly focuses on the potential ways in which constitutional courts may interact with EU law in general. It also describes the preliminary reference procedure in the context of the theory of constitutional pluralism. Finally, based on the analysis of 43 preliminary references posted by constitutional courts between the years of 1952 and 2019, it identifies various types of preliminary questions as well as numerous factors which might impact the decision of a particular constitutional court to refer the request or not. Last but not least, the thesis focuses on the subsequent stages of the procedure: the reactions of the CJEU and final rulings of the constitutional courts.
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Constitutional courts and preliminary references to the CJEU
Pivoda, Marek ; Syllová, Jindřiška (referee)
The thesis aims to analyse the use of preliminary reference procedure according to Article 267 of the TFEU by the constitutional courts. It firstly focuses on the potential ways in which constitutional courts may interact with EU law in general. It also describes the preliminary reference procedure in the context of the theory of constitutional pluralism. Finally, based on the analysis of 43 preliminary references posted by constitutional courts between the years of 1952 and 2019, it identifies various types of preliminary questions as well as numerous factors which might impact the decision of a particular constitutional court to refer the request or not. Last but not least, the thesis focuses on the subsequent stages of the procedure: the reactions of the CJEU and final rulings of the constitutional courts.
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Judge-made Law. Comparison between the Court of Justice of the European Union and the Supreme Court of the United States
Dumbrovský, Tomáš ; Tichý, Luboš (advisor) ; Holländer, Pavol (referee) ; Zemánek, Jiří (referee)
JUDGE-MADE LAW COMPARISON BETWEEN THE COURT OF JUSTICE OF THE EUROPEAN UNION AND THE SUPREME COURT OF THE UNITED STATES Keywords: judge-made law; the European Union; the Court of Justice of the European Union; the Supreme Court of the United States; judicialization of governance; Kelsenian court; European constitutional space; European constitution; normativity; constitutional pluralism; sovereignty; federalism; post-communist states; new Member States of the European Union. Standard page (that is 1800 characters per page) and word count (including footnotes; without the contents, bibliography and annexes): 327 standard pages; 82 795 words. The Ph.D. thesis offers a complex reconceptualization of the constitutional system in the European Union. The constitutional systems of the Member States have been substantially transformed during the 20th century. Meanwhile a new constitutional system functioning in the Member States alongside their own systems has emerged - the constitutional system of the European Union. These two fundamental changes are difficult to grasp through an existing theoretical framework. That is because the framework is based on a set of outdated concepts: (i) Rousseau's concept of volonté générale that forms the basis of the parliamentary supremacy in a constitutional system; (ii)...
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