Gleams of Good Faith in Constitutional Law / edited by Jan Podkowik, Anna Chmielarz-Grochal, Marcin Stębelski, Jarosław Sułkowski.

Format:

Book

Author/Creator:

Podkowik, Jan.

Contributor:

Podkowik

Series:

Ius Gentium: Comparative Perspectives on Law and Justice, 2214-9902 ; 132

Language:

English

Subjects (All):

Conflict of laws.

International law.

Comparative law.

Constitutional law.

Private International Law, International and Foreign Law, Comparative Law.

Constitutional Law.

Local Subjects:

Private International Law, International and Foreign Law, Comparative Law.

Constitutional Law.

Physical Description:

1 online resource (376 pages)

Edition:

1st ed. 2025.

Place of Publication:

Cham : Springer Nature Switzerland : Imprint: Springer, 2025.

Summary:

This edited volume represents a significant contribution to the academic discourse on the role of good faith in constitutional law. By assembling scholars from various countries who explore different aspects of the subject, the book provides a comprehensive comparative and constitutional theory analysis explaining the idea of good faith in constitutional law. The book consists of three main parts, preceded by an introductory and methodological chapter that outlines the research problem and initial findings. The first part examines the origins of good faith in public law and its historical sources. This section introduces the reader to the idea of good faith in jurisprudence and legal tradition and its current application in public law, which includes constitutional law. This part focusses on three key points of reference: international treaty law, where good faith governs the formation and performance of international agreements; EU law, where good faith or "loyal cooperation" shapes the relationship between member states and EU institutions; and the Council of Europe's human rights system, in particular the European Court of Human Rights, where good faith considerations appear in assessing the compatibility of state action with fundamental rights. This section therefore provides a basic background for understanding constitutional good faith. The second part explores constitutional good faith in selected legal systems. The choice of jurisdictions for comparative analysis is not accidental. First, it includes countries where good faith is explicitly enshrined in constitutional provisions, and thus is a normative concept with a well-defined meaning. Second, it includes countries where good faith appears in constitutional jurisprudence or academic debate. The last part analyzes good faith through the lens of constitutional theory, focusing on key areas relevant to the interpretation and application of constitutional law, in particular the theory of constitutional interpretation, the principle of separation of powers, including the vertical division of powers and the judiciary, as well as the relationships between the state and individuals. The book is being prepared with funds from the National Science Center in Poland for the project "Good Faith in Constitutional Law" (project no. 2020/39/B/HS5/02298).

Contents:

Towards Constitutional Good Faith

Part One: Inspirations

Good Faith in Public Law and the European Legal Tradition

Good Faith in International Law

Good Faith in European Union Law

Good Faith in the European Convention on Human Rights

Part Two: Perspectives

Good Faith in French Constitutional Law

Good Faith in German Constitutional Law

Good Faith in Polish Constitutional Law

Good Faith in Romanian Constitutional Law

Good Faith in U.S. Constitutional Law

Good Faith in Spanish Constitutional Law

Good Faith in Swiss Constitutional Law

Part Three: Manifestations

Good Faith in Constitutional Interpretation

Good Faith in the State - Individual Relationships

Good Faith and the Separation of Powers

Good Faith and Judicial Power

Good Faith and a Vertical Division of Power.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

3-032-06486-4

9783032064868

OCLC:

1572191606