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Author | : Uladzislau Belavusau |
Publisher | : Oxford University Press |
Total Pages | : 367 |
Release | : 2020-09-10 |
Genre | : Law |
ISBN | : 0192633708 |
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Constitutionalism under Stress reflects on comparative constitutionalism in Central and Eastern Europe through the lens of leading legal scholar Professor Wojciech Sadurski, whose writings have anticipated and scrutinized the current decline of liberal democracies and populist challenges to the rule of law in the region. Sadurski's work has chronicled the transition from concern for the most basic of human rights under authoritarian rule to the challenges of democratic governance. The compelling rights discourse of an earlier period gave way to claims of abuse of majoritarian prerogatives as the hopes of liberal democracy encountered the power of illiberalism. The theoretical responses offered for the preservation of liberal democracy, in light of the current turbulence regarding the rule of law in the region, produces a far reaching and effective reference tool on matters of constitutional capture and illiberal democracy.
Author | : Uladzislau Belavusau |
Publisher | : |
Total Pages | : |
Release | : 2020 |
Genre | : Constitutional law |
ISBN | : 9780191896774 |
Download Constitutionalism Under Stress Book in PDF, ePub and Kindle
This volume brings together leading scholars of comparative constitutional law to reflect on current challenges to liberal constitutionalism and democratic governance, as inspired by the work of Professor Wojciech Sadurski.
Author | : Wojciech Sadurski |
Publisher | : Oxford University Press |
Total Pages | : 263 |
Release | : 2012-07-26 |
Genre | : Law |
ISBN | : 0199696780 |
Download Constitutionalism and the Enlargement of Europe Book in PDF, ePub and Kindle
Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.
Author | : Richard Albert |
Publisher | : Springer Nature |
Total Pages | : 445 |
Release | : 2020-09-24 |
Genre | : Law |
ISBN | : 3030490009 |
Download Constitutionalism Under Extreme Conditions Book in PDF, ePub and Kindle
This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Author | : András Sajó |
Publisher | : Oxford University Press |
Total Pages | : 450 |
Release | : 2017-11-04 |
Genre | : Law |
ISBN | : 0191046043 |
Download The Constitution of Freedom Book in PDF, ePub and Kindle
Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, András Sajó and Renáta Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajó and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
Author | : Marcia L. Whicker |
Publisher | : Praeger |
Total Pages | : 0 |
Release | : 1987-08-26 |
Genre | : Law |
ISBN | : 0275927032 |
Download The Constitution Under Pressure Book in PDF, ePub and Kindle
Here is a comprehensive account of the U.S. Constitution--including its evolution and its impact on shaping American government and political representation. In eight fact-filled chapters, the authors carefully explore the Constitution's role. Those involved in the study of American More ... government, constitutional law, judicial behavior, legislative behavior, or politics will find this critical examination systematic, thorough, and thought-provoking.
Author | : M. J. C. Vile |
Publisher | : |
Total Pages | : 0 |
Release | : 1998 |
Genre | : History |
ISBN | : 9780865971752 |
Download Constitutionalism and the Separation of Powers Book in PDF, ePub and Kindle
Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.
Author | : Benjamin Schupmann |
Publisher | : Oxford University Press |
Total Pages | : 232 |
Release | : 2017-11-17 |
Genre | : Law |
ISBN | : 0192509314 |
Download Carl Schmitt's State and Constitutional Theory Book in PDF, ePub and Kindle
Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.
Author | : Nico Krisch |
Publisher | : Oxford University Press, USA |
Total Pages | : 383 |
Release | : 2010-10-28 |
Genre | : Law |
ISBN | : 0199228310 |
Download Beyond Constitutionalism Book in PDF, ePub and Kindle
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Author | : Robert S. Singh |
Publisher | : Routledge |
Total Pages | : 206 |
Release | : 2018-09-03 |
Genre | : Political Science |
ISBN | : 1351117688 |
Download In Defense of the United States Constitution Book in PDF, ePub and Kindle
Constitutional reform is a topic of perennial academic debate, perhaps now more than ever amid sharp polarization in the electorate and government. At once a cogent, new contribution to the scholarly literature and appropriate for American politics and government students, this book mounts a provocative, nonideological defense of the US Constitution, directly engaging proposals for reform and providing a rare systematic argument for continuity: Our politics may be broken but our system is not. Writing from an international perspective with an array of fascinating data, the author draws on theory, law, and history to defend the republican order under political stress and intellectual challenge.