Erosion of the Rule of Law in East Central Europe
Author | : Dawid Bunkowski |
Publisher | : |
Total Pages | : |
Release | : 2018 |
Genre | : |
ISBN | : |
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Author | : Dawid Bunkowski |
Publisher | : |
Total Pages | : |
Release | : 2018 |
Genre | : |
ISBN | : |
Author | : Martin Krygier |
Publisher | : Routledge |
Total Pages | : 520 |
Release | : 2017-10-23 |
Genre | : Law |
ISBN | : 1351540726 |
This book is among the first books to consider post-communist Europe from the point of view of the rule of law. This book collects articles written by specialists on the rule of law in particular countries. Interdisciplinary in approach, this book reveals the multi-layered complexity of the development of the rule of law after communism.
Author | : Jiri Pribán |
Publisher | : Routledge |
Total Pages | : 277 |
Release | : 2019-06-04 |
Genre | : Law |
ISBN | : 0429775997 |
First published in 1999, this volume is a series of essays on the countries of Central Europe. The essays explore the post-1989 establishment of the rule of law and civil society. It brings together analysis and perceptions from social scientists, political scientists and lawyers, seeking through particular issues to explore the similarities and differences between different countries. While other books have explored the changes in former Soviet Block countries since 1989, the book’s distinctiveness lies in three qualities: its concentration on Central Europe a concept explored in the book; giving fuller attention to the Czech Republic and Slovakia than other post-communist studies often do; providing perceptions of scholars from different disciplines.
Author | : Astrid Lorenz |
Publisher | : Springer Nature |
Total Pages | : 361 |
Release | : 2020-10-27 |
Genre | : Political Science |
ISBN | : 3030546748 |
This open access book provides an in-depth look into the background of rule of law problems and the open defiance of EU law in East Central European countries. Current illiberal trends and anti-EU politics have the potential to undermine mutual trust between member states and fundamentally change the EU. It is therefore crucial to understand their domestic causes, context conditions, specific processes and consequences. This volume contributes to empirically informed theory-building and includes contributions from researchers from various disciplines and multiple perspectives on illiberal trends and anti-EU politics in the region. The qualitative case studies, comparative works and quantitative analyses provide a comprehensive picture of current societal, political and institutional developments in the Czech Republic, Hungary, Poland and Slovakia. Through studying similarities and differences between East Central European and other EU countries, the chapters also explore whether there are regional patterns of democracy- and EU-related problems.
Author | : Adam Czarnota |
Publisher | : |
Total Pages | : 190 |
Release | : 2001 |
Genre | : |
ISBN | : |
Author | : Tímea Drinóczi |
Publisher | : Routledge |
Total Pages | : 166 |
Release | : 2020-09-08 |
Genre | : Law |
ISBN | : 1000172430 |
This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.
Author | : András Sajó |
Publisher | : Cambridge University Press |
Total Pages | : 630 |
Release | : 2021-08-12 |
Genre | : Law |
ISBN | : 1108956319 |
There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas.
Author | : Rosalind Dixon |
Publisher | : Oxford University Press |
Total Pages | : 241 |
Release | : 2021 |
Genre | : Authoritarianism |
ISBN | : 0192893769 |
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Author | : Carlos Closa |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2016-10-13 |
Genre | : Law |
ISBN | : 1107108888 |
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author | : Armin von Bogdandy |
Publisher | : Springer Nature |
Total Pages | : 478 |
Release | : 2021-01-05 |
Genre | : Law |
ISBN | : 366262317X |
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.