Constitutional Acceleration Within The European Union And Beyond

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Constitutional Acceleration within the European Union and Beyond

Author : Paul Blokker
Publisher : Routledge
ISBN 13 : 1315453630
Total Pages : 361 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Constitutional Acceleration within the European Union and Beyond by : Paul Blokker

Download or read book Constitutional Acceleration within the European Union and Beyond written by Paul Blokker and published by Routledge. This book was released on 2017-10-12 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed analysis of the key challenges and changes affecting domestic constitutionalism in Europe and beyond, departing from the idea of ‘constitutional acceleration’ or the increased propensity of different actors to engage in (formal) reform of the constitutional order. The volume points to a fundamental change in the function of constitutions in that constitutions themselves are increasingly subjects of political contestation rather than framing political debates. The collection of essays addresses a range of critical challenges – including societal acceleration, depoliticization, civic engagement, multi-faceted constituent power, modernization, populism and nationalism, and transnationalization. The volume includes a variety of disciplinary, and in some cases interdisciplinary, approaches, including (political) sociology, political science, constitutional law, and constitutional and legal theory, and will be of interest to researchers and students in any of these areas. Case studies focus on the EU and the wider European context, and include highly relevant but little known or ill-understood cases, such as the recent constitutional events in Iceland, Italy, or Romania, and cases of democratic reversal, such as Hungary, while also engaging with traditional but rapidly changing cases of constitutional interest, such as the UK.

Constitutional Acceleration Within the European Union and Beyond

Author : Paul Blokker
Publisher :
ISBN 13 : 9781315453620
Total Pages : pages
Book Rating : 4.4/5 (536 download)

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Book Synopsis Constitutional Acceleration Within the European Union and Beyond by : Paul Blokker

Download or read book Constitutional Acceleration Within the European Union and Beyond written by Paul Blokker and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed analysis of the key challenges and changes affecting domestic constitutionalism in Europe and beyond, departing from the idea of 'constitutional acceleration' or the increased propensity of different actors to engage in (formal) reform of the constitutional order. The volume points to a fundamental change in the function of constitutions in that constitutions themselves are increasingly subjects of political contestation rather than framing political debates. The collection of essays addresses a range of critical challenges - including societal acceleration, depoliticization, civic engagement, multi-faceted constituent power, modernization, populism and nationalism, and transnationalization. The volume includes a variety of disciplinary, and in some cases interdisciplinary, approaches, including (political) sociology, political science, constitutional law, and constitutional and legal theory, and will be of interest to researchers and students in any of these areas. Case studies focus on the EU and the wider European context, and include highly relevant but little known or ill-understood cases, such as the recent constitutional events in Iceland, Italy, or Romania, and cases of democratic reversal, such as Hungary, while also engaging with traditional but rapidly changing cases of constitutional interest, such as the UK.

The Abuse of Constitutional Identity in the European Union

Author : Julian Scholtes
Publisher : Oxford University Press
ISBN 13 : 0198883196
Total Pages : 241 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Abuse of Constitutional Identity in the European Union by : Julian Scholtes

Download or read book The Abuse of Constitutional Identity in the European Union written by Julian Scholtes and published by Oxford University Press. This book was released on 2023-08-08 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.

Deliberative Constitution-making

Author : Min Reuchamps
Publisher : Taylor & Francis
ISBN 13 : 1000955249
Total Pages : 239 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Deliberative Constitution-making by : Min Reuchamps

Download or read book Deliberative Constitution-making written by Min Reuchamps and published by Taylor & Francis. This book was released on 2023-08-31 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains deliberative constitution-making with a special focus on the connections between participation, representation and legitimacy and provides a general overview of what the challenges and prospects of deliberative constitution-making are today. It seeks to provide a more complete picture of what is at stake as a political trend in various places in the world, both theoretically and empirically grounded. Distinctively, the book studies not only established democracies and well-known cases of deliberative constitution-making but also such practices in authoritarian and less consolidated democratic settings and departs from a traditional institutional perspective to have a special focus on actors, and in particular underrepresented groups. This book is of key interest to scholars and students of deliberative democracy, constitutional politics, democratization and autocratization studies, citizen participation and more broadly to comparative politics, public administration, social policy and law.

Illiberal Politics and Religion in Europe and Beyond

Author : Anja Hennig
Publisher : Campus Verlag
ISBN 13 : 3593443147
Total Pages : 559 pages
Book Rating : 4.5/5 (934 download)

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Book Synopsis Illiberal Politics and Religion in Europe and Beyond by : Anja Hennig

Download or read book Illiberal Politics and Religion in Europe and Beyond written by Anja Hennig and published by Campus Verlag. This book was released on 2020-12-16 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globale Migrationsbewegungen, Sicherheitsbedrohungen und soziale Umwälzungen haben in den vergangenen Jahren den Aufstieg populistischer rechter Parteien und Bewegungen in Europa und im transatlantischen Raum befördert. Religiöse Akteure stellen potenzielle Allianzpartner für diese Gruppierungen dar. Denn religiöse Interpretationen, etwa die Bezugnahme auf christliche Traditionen, bieten ein Reservoir für die Konstruktion vermeintlich natürlicher Geschlechterordnungen, exkludierender Vorstellungen homogener Nationen und anti-muslimischer Narrative. Dieses Buch analysiert die ideologische, strukturelle und historische Verbindung von Religion und illiberalen Politiken in europäischen Demokratien.

Beyond Presidentialism and Parliamentarism

Author : Steffen Ganghof
Publisher : Oxford University Press
ISBN 13 : 0192897144
Total Pages : 225 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Beyond Presidentialism and Parliamentarism by : Steffen Ganghof

Download or read book Beyond Presidentialism and Parliamentarism written by Steffen Ganghof and published by Oxford University Press. This book was released on 2022-01-16 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. In a democracy, a constitutional separation of powers between the executive and the assembly may be desirable, but the constitutional concentration of executive power in a single human being is not. Beyond Presidentialism and Parliamentarism defends this thesis and explores 'semi-parliamentary government' as an alternative to presidential government. Semi-parliamentarism avoids power concentration in one person by shifting the separation of powers into the democratic assembly. The executive becomes fused with only one part of the assembly, even though the other part has at least equal democratic legitimacy and robust veto power on ordinary legislation. The book identifies the Australian Commonwealth and Japan as well as the Australian states of New South Wales, South Australia, Tasmania, Victoria, and Western Australia as semi-parliamentary systems. Using data from 23 countries and six Australian states, it maps how parliamentary and semi-parliamentary systems balance competing visions of democracy; it analyzes patterns of electoral and party systems, cabinet formation, legislative coalition-building, and constitutional reforms; systematically compares the semi-parliamentary and presidential separation of powers; and develops new and innovative semi-parliamentary designs, some of which do not require two separate chambers.

Neo-militant Democracies in Post-communist Member States of the European Union

Author : Joanna Rak
Publisher : Routledge
ISBN 13 : 1000539067
Total Pages : 208 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Neo-militant Democracies in Post-communist Member States of the European Union by : Joanna Rak

Download or read book Neo-militant Democracies in Post-communist Member States of the European Union written by Joanna Rak and published by Routledge. This book was released on 2022-03-24 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines contemporary militant democracies in post-communist states in the European Union. Examining, through case studies, their broader relevance to political, legal, and social structures, this book looks in revealing detail at the struggles between these democratic and anti-democratic actors that share similar historical experiences of contentious politics, communism, and political transformation. It importantly unravels the tension between them, determining which are already authoritarian, and which are teetering on the brink of an anti-democratic breakthrough. Analysing regimes’ continuance trajectories to capture how and what shaped the neo-militant aspects of democracies (neomilitancy) over time, the book accounts for why particular post-communist European neo-militant democracies emerge while others decline or transform into quasi-militant democracies despite transformation, how they differ from each other, what brings about the differences and similarities between them, and how and why they change over time. With right-wing populist parties coming to power on the back of fears associated with economic, social, and cultural globalisation and the misuse of state authorities to strengthen protective measures against threats to democratic institutions, the book represents a timely and important contribution. This book will be of key interest to scholars and students of Post-Soviet/Communist/East European Studies, Democratic Backsliding, European and Comparative Politics, Nationalism and Ethnic Conflict, Democracy and Dictatorship, Public Comparative Constitutional Law, Human Rights Law and Political Theory.

The Constitutional Boundaries of European Fiscal Federalism

Author : Brady Gordon
Publisher : Cambridge University Press
ISBN 13 : 1108830099
Total Pages : 565 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Constitutional Boundaries of European Fiscal Federalism by : Brady Gordon

Download or read book The Constitutional Boundaries of European Fiscal Federalism written by Brady Gordon and published by Cambridge University Press. This book was released on 2022-04-14 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an authoritative source for which models of fiscal federalism are compatible with the constitutional boundaries of the European legal order. It offers an encompassing guide to the leading constitutional case law in all EU Member States.

Human Dignity and Democracy in Europe

Author : Bedford, Daniel
Publisher : Edward Elgar Publishing
ISBN 13 : 1789902843
Total Pages : 288 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Human Dignity and Democracy in Europe by : Bedford, Daniel

Download or read book Human Dignity and Democracy in Europe written by Bedford, Daniel and published by Edward Elgar Publishing. This book was released on 2022-03-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection identifies and discuss the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into the uses of human dignity to promote and challenge ideas of identity and solidarity.

Legislature by Lot

Author : John Gastil
Publisher : Verso Books
ISBN 13 : 1788736117
Total Pages : 449 pages
Book Rating : 4.7/5 (887 download)

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Book Synopsis Legislature by Lot by : John Gastil

Download or read book Legislature by Lot written by John Gastil and published by Verso Books. This book was released on 2019-04-09 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy means rule by the people, but in practice even the most robust democracies delegate most rule making to a political class The gap between the public and its representatives might seem unbridgeable in the modern world, but Legislature by Lot examines an inspiring solution: a legislature chosen through “sortition”—the random selection of lay citizens. It’s a concept that has come to the attention of democratic reformers across the globe. Proposals for such bodies are being debated in Australia, Belgium, Iceland, the United Kingdom, and many other countries. Sortition promises to reduce corruption and create a truly representative legislature in one fell swoop. In Legislature by Lot, John Gastil and Erik Olin Wright make the case for pairing a sortition body with an elected chamber within a bicameral legislature. Gastil is a leading deliberative democracy scholar, and Wright a distinguished sociologist and editor of the Real Utopias series, of which this is a part. In this volume, they bring together critics and advocates of sortition who have studied ancient Athens, deliberative polling, political theory, social movements, and civic innovation. Without obscuring its limitations, the contributors offer a wide variety of ideas for how to implement sortition and examine its potential for reshaping modern politics. Legislature by Lot includes sixteen essays that respond to Gastil and Wright’s detailed proposal. Essays comparing sortition to contemporary reforms see it as a dramatic extension of deliberative “minipublics,” which gather random samples of citizens to weigh public policy dilemmas without being empowered to enact legislation. Another set of essays explores the democratic principles underlying sortition and elections and considers, for example, how a sortition body holds itself accountable to a public that did not elect it. The third set of essays considers alternative paths to democratic reform, which limit the powers of a sortition chamber or more quickly establish a pure sortition body. With contributions by Arash Abizadeh, Tom Arnold, Terrill Bouricius, Deven Burks, Lyn Carson, Dimitri Courant, Donatella della Porta, David M. Farrell, Andrea Felicetti, James S. Fishkin, Brett Hennig, Vincent Jacquet, Raphaël Kies, Tom Malleson, Jane Mansbridge, Christoph Niessen, David Owen, John Pitseys, Min Reuchamps, Yves Sintomer, Graham Smith, Jane Suiter, and Pierre-Étienne Vandamme.

Post-Soviet Constitutions and Challenges of Regional Integration

Author : Roman Petrov
Publisher : Routledge
ISBN 13 : 1317326261
Total Pages : 205 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Post-Soviet Constitutions and Challenges of Regional Integration by : Roman Petrov

Download or read book Post-Soviet Constitutions and Challenges of Regional Integration written by Roman Petrov and published by Routledge. This book was released on 2017-11-22 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the implications of European and Eurasian integration projects for the constitutional orders of post-Soviet countries. On the one hand, the process of Eurasian integration, culminating in the establishment of the Eurasian Economic Union (EAEU), led to the creation of new institutions and mechanisms influencing the domestic legal order of the participating countries. On the other hand, the process of European integration, epitomised through the European Union (EU), constitutes an important source of reference for domestic constitutional developments in the countries which recently concluded a new generation of Association Agreements with the EU. This book analyses the implications of both processes. The book addresses the relevant experience of the countries from Central and Eastern Europe with transitional constitutionalism, mapping out the significance of European and Eurasian integration for protecting the rule of law in the post-Soviet space and identifying the constitutional implications and challenges of the EAEU and the new generation of Association Agreements. It also provides detailed country reports on national constitutional orders in the post-Soviet space and their adaptability to regional integration projects, authored by leading academics from the countries concerned, providing a number of general reflections about the evolution of post-Soviet constitutions in light of European and Eurasian integration projects.

Constitutionalizing Transitional Justice

Author : Cheng-Yi Huang
Publisher : Taylor & Francis
ISBN 13 : 042999883X
Total Pages : 263 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Constitutionalizing Transitional Justice by : Cheng-Yi Huang

Download or read book Constitutionalizing Transitional Justice written by Cheng-Yi Huang and published by Taylor & Francis. This book was released on 2022-11-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.

Constitutional Revolution

Author : Gary Jeffrey Jacobsohn
Publisher : Yale University Press
ISBN 13 : 0300252889
Total Pages : 382 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Constitutional Revolution by : Gary Jeffrey Jacobsohn

Download or read book Constitutional Revolution written by Gary Jeffrey Jacobsohn and published by Yale University Press. This book was released on 2020-05-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a “constitutional moment” may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The “moment” may have been under way for decades—or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.

Judicial Power

Author : Christine Landfried
Publisher : Cambridge University Press
ISBN 13 : 1108425666
Total Pages : 411 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Judicial Power by : Christine Landfried

Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

Constitution-making and Human Rights in the Sudans

Author : Lutz Oette
Publisher : Routledge
ISBN 13 : 1317227913
Total Pages : 218 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Constitution-making and Human Rights in the Sudans by : Lutz Oette

Download or read book Constitution-making and Human Rights in the Sudans written by Lutz Oette and published by Routledge. This book was released on 2018-12-20 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan’s governance problems. Following South Sudan’s independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan’s identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan’s constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women’s rights.

Sociological Constitutionalism

Author : Paul Blokker
Publisher : Cambridge University Press
ISBN 13 : 1107124042
Total Pages : 369 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Sociological Constitutionalism by : Paul Blokker

Download or read book Sociological Constitutionalism written by Paul Blokker and published by Cambridge University Press. This book was released on 2017-10-12 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark book provides the first systematic overview of key research in the sociology of constitutions.

Constitutional Politics and the Judiciary

Author : Kálmán Pócza
Publisher : Routledge
ISBN 13 : 0429883595
Total Pages : 226 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Constitutional Politics and the Judiciary by : Kálmán Pócza

Download or read book Constitutional Politics and the Judiciary written by Kálmán Pócza and published by Routledge. This book was released on 2018-11-19 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court’s decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.