Front cover

European Yearbook of Constitutional Law 2019 - Judicial Power: Safeguards and Limits in a Democratic Society
Series: European Yearbook of Constitutional Law

December 2019 Co-Coordinating Editor: Ernst M.H. Hirsch Ballin , Tilburg Law School, The Netherlands
Co-Coordinating Editor: Gerhard van der Schyff , Tilburg Law School, The Netherlands
Managing Editor: Maarten Stremler , Maastricht University, The Netherlands



  • Published: December 2019
  • Pages: XII, 333 p.
  • Publisher: T.M.C. ASSER PRESS
  • Distributor: Springer

The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond.

This inaugurate volume examines the safeguards and limits of judicial power in a variety of constitutional systems, both at the national and supranational level. The book approaches the judiciary as part of the constitutional system operating within a legal order that connects the citizens and institutions of the state to each other. Looking at the judiciary from this broader perspective, the traditional doctrine of the separation of powers would appear no longer to adequately represent the diversity and complexity of constitutional systems and their democratic legitimacy. Judicial independence does not mean isolation, but should better be understood as institutionalizing relationships that legitimize the power of the courts. The notions of ‘safeguards’ and ‘limits’ indicate the reciprocally enabling and protecting nature of these relationships. In recognition of this, the contributions to this volume analyse these safeguards and limits as relations existing within a complex constitutional architecture.

State institutions, today, are involved in a fundamental transformation of their selfunderstanding as a result of changes in political culture. Several contributions to this volume provide examples of political criticism and pressure on the judiciary, against which the usual guarantees are unable to provide adequate protection. A convincing and effective response to threats to the judiciary’s independence requires a detailed and precise analysis of the judiciary’s constitutional safeguards and limits. This book offers a step in that direction.

Specific to the book:

  • Examines the judicial function as a source of power in the contemporary constitutional context
  • Covers a broad range of constitutional systems, both national and supranational
  • Brings together authors from a wide variety of legal cultures

About the yearbook series:

The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. The yearbook provides a forum for in-depth analysis and discussion of new developments in constitutional law in Europe and beyond. Each issue is dedicated to a specific theme. Papers are subject to editorial and double-blind peer review. The yearbook is published by T.M.C. Asser Press in cooperation with Springer Publishers.

Editorial Board:

  • Prof.dr. Ernst M.H. Hirsch Ballin, Tilburg Law School and Amsterdam Law School (Co-Coordinating Editor)
  • Dr. Gerhard van der Schyff, Tilburg Law School (Co-Coordinating Editor)
  • Dr. Maartje de Visser, Singapore Management University School of Law (Editor)
  • Maarten Stremler LLM, Tilburg Law School (Managing Editor)

Board of Recommendation:

  • Prof. dr. Armin von Bogdandy (Max Planck Institute for Comparative Public Law and International Law)
  • Prof. em. dr. Marc Bossuyt (University of Antwerp)
  • Prof. dr. Alfonso Celotto (Università degli Studi Roma Tre)
  • Prof. dr. Janneke Gerards (Utrecht University)
  • Prof. dr. Daniel Halberstam (University of Michigan)