The challenge of distinguishing between abusive and non-abusive constitutional practices – Main ways of detecting abuse: analyses of intent and effects – Obstacles to detecting bad faith intent in constitutional law – Structured and focused analysis of the effects of abusive constitutionalism: introducing the foreseeable effects test – Normative benchmark: substantial diminishment of accountability – Step 1: probability of harm, analysing the tested constitutional measure’s foreseeable effects on operability and autonomy of an accountability mechanism – Step 2: seriousness of potential harm, analysing the constitutional measure’s effects in the broader constitutional context (including interaction effects) – Step 3: harm mitigation, analysing the existence and adequacy of harm-mitigating safeguards accompanying the constitutional measure – Strengths and limits of the foreseeable effects test

References to the European Convention on Human Rights by Israeli courts – the European Convention on Human Rights and the European Court of Human Rights as sources of comparative law – comparative law as technique of legitimation – content analysis of use by domestic courts of European Court of Human Rights jurisprudence – European Court of Human Rights jurisprudence and deference to state

Constitutionalisation of the decent standard of living in Greece – Euro-crisis and constitutional change – Financial assistance conditionality and minimum income policy – Decent standard of living in crisis jurisprudence

The delegation theory of unconstitutional constitutional amendments, a limited theory of unamendability – Applying a doctrinal approach to justify unconstitutional constitutional amendments – Introducing a typology of unconstitutionality – The practical deficiencies and internal inconsistencies of the delegation theory – The limited role of the doctrine of unconstitutional constitutional amendments in the Swedish context – The redundancy of constituent power as a legal concept

The need for a standard of review even during times of crisis – proportionality analysis as the ideal and universally applicable standard of review – the problem of excessive stringency of proportionality analysis during an emergency – the principle of in dubio pro libertate as the cause of the problem – adjusting each component of proportionality analysis to the precautionary principle as the solution – the precautionary application of proportionality analysis strikes a more appropriate balance between excessive stringency and insufficient protection of fundamental rights

Constitutional referrals by ordinary courts – Judicial dialogue between constitutional courts and ordinary courts – Toolkit for judicial resistance – Novel taxonomy of features and functions of constitutional referrals – Separation of powers approach – Democratic decay – Self-defence mechanism – Mix of methodological approaches – Case study on Czechia

The ‘rights revolution’ and ‘displacement doctrine’ of the European Court of Justice – EU Charter as a yardstick for constitutional review – Constitutional Courts of Austria and Germany: Charter judgment and Right to Be Forgotten II order – Rhetoric, persuasion and eloquence in judicial reasoning

Judicial councils – separation of powers – fourth-branch institutions – judicial independence – four ideal types of judicial councils – a judge-controlled, politician-controlled, inter-branch and fourth-branch judicial council – danger of politicisation and corporativism of the judiciary