Journal Of Constitutional Law In Eastern And Central Europe

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Rights Before Courts

Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
ISBN 13 : 9781402030062
Total Pages : 404 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Rights Before Courts by : Wojciech Sadurski

Download or read book Rights Before Courts written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2005-02-21 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny against the background of a wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. He shows that, in the region of Central and Eastern Europe, their record in protecting constitutional rights has been mixed, and their impact upon the vibrancy of democratic participation and public discourse about controversial issues often negative. Sadurski urges us to reconsider the frequently unthinking enthusiasm for the imposition of judicial limits upon constitutional democracy. In the end, his reflections go to the very heart of the fundamental dilemma of constitutionalism and political theory: how best to find the balance between constitutionalism and democracy? The lively, if imperfect, democracies in Central and Eastern Europe provide a fascinating terrain for raising this question, and testing traditional answers. This innovative, wide-ranging and thought-provoking book will become essential reading for scholars and students alike in the fields of comparative constitutionalism and political theory, particularly for those with an interest in legal and political developments in the postcommunist world

Rights Before Courts

Author : Wojciech Sadurski
Publisher : Springer
ISBN 13 : 9401789355
Total Pages : 470 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Rights Before Courts by : Wojciech Sadurski

Download or read book Rights Before Courts written by Wojciech Sadurski and published by Springer. This book was released on 2014-05-26 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.

Courts and Democracies in Asia

Author : Po Jen Yap
Publisher : Cambridge University Press
ISBN 13 : 1107192625
Total Pages : 251 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Courts and Democracies in Asia by : Po Jen Yap

Download or read book Courts and Democracies in Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2017-09-28 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.

Formalism, Decisionism and Conservatism in Russian Law

Author : Mikhail Antonov
Publisher : BRILL
ISBN 13 : 9004442588
Total Pages : 210 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Formalism, Decisionism and Conservatism in Russian Law by : Mikhail Antonov

Download or read book Formalism, Decisionism and Conservatism in Russian Law written by Mikhail Antonov and published by BRILL. This book was released on 2020-11-09 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. This combination leads to internal contradictions in theorizing about law and rights in Russian legal culture.

Beyond Constitutionalism

Author : Nico Krisch
Publisher : Oxford University Press, USA
ISBN 13 : 0199228310
Total Pages : 383 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Beyond Constitutionalism by : Nico Krisch

Download or read book Beyond Constitutionalism written by Nico Krisch and published by Oxford University Press, USA. This book was released on 2010-10-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitution-making in the Region of Former Soviet Dominance

Author : Rett R. Ludwikowski
Publisher :
ISBN 13 :
Total Pages : 664 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Constitution-making in the Region of Former Soviet Dominance by : Rett R. Ludwikowski

Download or read book Constitution-making in the Region of Former Soviet Dominance written by Rett R. Ludwikowski and published by . This book was released on 1996 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains texts of constitutions of various countries which were once part of the U.S.S.R.

Abusive Constitutional Borrowing

Author : Rosalind Dixon
Publisher :
ISBN 13 : 9780192645883
Total Pages : pages
Book Rating : 4.6/5 (458 download)

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Book Synopsis Abusive Constitutional Borrowing by : Rosalind Dixon

Download or read book Abusive Constitutional Borrowing written by Rosalind Dixon and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."--

The Impact of the ECHR on Democratic Change in Central and Eastern Europe

Author : Iulia Motoc
Publisher : Cambridge University Press
ISBN 13 : 1316558835
Total Pages : 559 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The Impact of the ECHR on Democratic Change in Central and Eastern Europe by : Iulia Motoc

Download or read book The Impact of the ECHR on Democratic Change in Central and Eastern Europe written by Iulia Motoc and published by Cambridge University Press. This book was released on 2016-08-18 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.

Transnational Networking and Elite Self-empowerment

Author : Cristina E. Parau
Publisher : British Academy Monographs
ISBN 13 : 9780197266403
Total Pages : 0 pages
Book Rating : 4.2/5 (664 download)

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Book Synopsis Transnational Networking and Elite Self-empowerment by : Cristina E. Parau

Download or read book Transnational Networking and Elite Self-empowerment written by Cristina E. Parau and published by British Academy Monographs. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial institutions in the new democracies established after the fall of communism in Central and Eastern Europe have become patterned on a transnational template that maximises judicial empowerment to the detriment of national parliaments. Through the influence of an elite, transnational community of interest, revisions to the judiciary have been implemented with little attention from politicians or the public. As a result, there has been a shift in the role of the judiciary from adjudication under the law towards improvising public policy. Transnational Networks and Elite Self-Empowerment is an inquiry into why and how this could have come about, and what the implications are for democracy. Cristina Parau explores the processes by which the elites have used transnational networks as a means of self-empowerment, and how they have been able to entrench their minority influence within the constitutions of their countries. Taking an inter-disciplinary approach, she builds a strong case through a deep analysis set against and supported by an extensive series of interviews with key political actors. This is a timely reminder of the need to pay attention to our democratic institutions and not to take for granted the foundations on which they are laid.

The Constitution of Freedom

Author : András Sajó
Publisher : Oxford University Press
ISBN 13 : 0191046043
Total Pages : 606 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Constitution of Freedom by : András Sajó

Download or read book The Constitution of Freedom written by András Sajó and published by Oxford University Press. This book was released on 2017-11-04 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo 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.

Unrecognized Entities

Author :
Publisher : BRILL
ISBN 13 : 9004499105
Total Pages : 288 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Unrecognized Entities by :

Download or read book Unrecognized Entities written by and published by BRILL. This book was released on 2021-12-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.

Democratic Decline in Hungary

Author : András L. Pap
Publisher : Routledge
ISBN 13 : 1351684671
Total Pages : 197 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Democratic Decline in Hungary by : András L. Pap

Download or read book Democratic Decline in Hungary written by András L. Pap and published by Routledge. This book was released on 2017-08-03 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows the rise and morphology of a self-identified `illiberal democracy’, the first 21st century illiberal political regime arising in the European Union. Since 2010, Viktor Orbán’s governments in Hungary have convincingly offered an anti-modernist and anti-cosmopolitan/anti-European Unionist rhetoric, discourse and constitutional identity to challenge neo-liberal democracy. The Hungarian case provides unique observation points for students of transitology, especially those who are interested in states which are to abandon pathways of liberal democracy. The author demonstrates how illiberalism is present both in `how’ and `what’ is being done: the style, format and procedure of legislation; as well as the substance: the dismantling of institutional rule of law guarantees and the weakening of checks and balances. The book also discusses the ideological commitments and constitutionally framed and cemented value preferences, and a reconstituted and re-conceptualized relationship between the state and its citizens, which is not evidently supported by Hungarians’ value system and life-style choices.

Constitutional Processes and Democratic Commitment

Author : Donald L. Horowitz
Publisher : Yale University Press
ISBN 13 : 0300254369
Total Pages : 284 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Constitutional Processes and Democratic Commitment by : Donald L. Horowitz

Download or read book Constitutional Processes and Democratic Commitment written by Donald L. Horowitz and published by Yale University Press. This book was released on 2021-01-01 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: From one of our leading scholars of comparative constitutionalism, advice for everyone involved in the surprisingly common practice of constitution-writing Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in them. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes. This book provides a fresh perspective on constitutional processes that will interest students and scholars. It also offers sound advice for everyone involved in the surprisingly common practice of constitution‑writing.

Comparative Constitutional Reasoning

Author : András Jakab
Publisher : Cambridge University Press
ISBN 13 : 1108138616
Total Pages : 867 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Comparative Constitutional Reasoning by : András Jakab

Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

EU Enlargement and the Constitutions of Central and Eastern Europe

Author : Anneli Albi
Publisher : Cambridge University Press
ISBN 13 : 9780521845410
Total Pages : 300 pages
Book Rating : 4.8/5 (454 download)

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Book Synopsis EU Enlargement and the Constitutions of Central and Eastern Europe by : Anneli Albi

Download or read book EU Enlargement and the Constitutions of Central and Eastern Europe written by Anneli Albi and published by Cambridge University Press. This book was released on 2005-06-30 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the adaptation of the constitutions of Central & Eastern Europe (CEE) for membership in the European Union.

Democracy Rules

Author : Jan-Werner Müller
Publisher : Farrar, Straus and Giroux
ISBN 13 : 0374720711
Total Pages : 129 pages
Book Rating : 4.3/5 (747 download)

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Book Synopsis Democracy Rules by : Jan-Werner Müller

Download or read book Democracy Rules written by Jan-Werner Müller and published by Farrar, Straus and Giroux. This book was released on 2021-07-06 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: A much-anticipated guide to saving democracy, from one of our most essential political thinkers. Everyone knows that democracy is in trouble, but do we know what democracy actually is? Jan-Werner Müller, author of the widely translated and acclaimed What Is Populism?, takes us back to basics in Democracy Rules. In this short, elegant volume, he explains how democracy is founded not just on liberty and equality, but also on uncertainty. The latter will sound unattractive at a time when the pandemic has created unbearable uncertainty for so many. But it is crucial for ensuring democracy’s dynamic and creative character, which remains one of its signal advantages over authoritarian alternatives that seek to render politics (and individual citizens) completely predictable. Müller shows that we need to re-invigorate the intermediary institutions that have been deemed essential for democracy’s success ever since the nineteenth century: political parties and free media. Contrary to conventional wisdom, these are not spent forces in a supposed age of post-party populist leadership and post-truth. Müller suggests concretely how democracy’s critical infrastructure of intermediary institutions could be renovated, re-empowering citizens while also preserving a place for professionals such as journalists and judges. These institutions are also indispensable for negotiating a democratic social contract that reverses the secession of plutocrats and the poorest from a common political world.