Between judicialization and Constitutionalization: abortion as a litmus test for constitutional systems: a comparative study of Poland and France
Pedone, Danila Giorgia Roberta (A.A. 2024/2025) Between judicialization and Constitutionalization: abortion as a litmus test for constitutional systems: a comparative study of Poland and France. Tesi di Laurea in Comparative public law, Luiss Guido Carli, relatore Cristina Fasone, pp. 113. [Master's Degree Thesis]
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Abstract/Index
Judicialization and constitutionalization in comparative public law. Judicialization of politics and law. Law, rights and courts as sites of governance. Judicial power and institutional context. Politically contested policies as constitutional stress tests. Abortion as a litmus test of judicialization and constitutionalization. Constitutional framings of abortion. Patterns of constitutionalization of abortion. Courts as institutional actors in abortion disputes. Backlash and democratic contestation. Poland: judicialization and the restriction of abortion rights. Legal and constitutional background of abortion law in Poland. Constitutional transition and the role of abortion in post-1989 Poland. The illiberal turn. Judicialization under illiberal constitutionalism. The 2020 constitutional tribunal judgment K 1/20 on abortion. Consequences of judicialized restriction. The European Court of human rights on the polish abortion framework. France: constitutionalizing abortion rights. The evolution of abortion rights in France. The 2024 constitutional amendment. Constitutionalization as an imperfect preventive strategy. Applicability beyond France.
References
Bibliografia: pp. 92-107.
| Thesis Type: | Master's Degree Thesis |
|---|---|
| Institution: | Luiss Guido Carli |
| Degree Program: | Master's Degree Programs > Master's Degree Program in International Relations (LM-52) |
| Chair: | Comparative public law |
| Thesis Supervisor: | Fasone, Cristina |
| Thesis Co-Supervisor: | Scotti, Valentina Rita |
| Academic Year: | 2024/2025 |
| Session: | Extraordinary |
| Deposited by: | Alessandro Perfetti |
| Date Deposited: | 13 Jul 2026 13:36 |
| Last Modified: | 13 Jul 2026 13:36 |
| URI: | https://tesi.luiss.it/id/eprint/46342 |
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