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Limits To Democratic Constitutionalism In Central And Eastern Europe
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Book Synopsis Limits to Democratic Constitutionalism in Central and Eastern Europe by : Bogusia Puchalska
Download or read book Limits to Democratic Constitutionalism in Central and Eastern Europe written by Bogusia Puchalska and published by Ashgate Publishing, Ltd.. This book was released on 2011 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and lawmaking in constitutional moments should be politically, and not just constitutionally legitimate. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.
Book Synopsis Limits to Democratic Constitutionalism in Central and Eastern Europe by : Bogusia Puchalska
Download or read book Limits to Democratic Constitutionalism in Central and Eastern Europe written by Bogusia Puchalska and published by Routledge. This book was released on 2016-05-06 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and law-making in constitutional moments should be politically, and not just constitutionally, legitimate. In doing so she expertly assesses the potential implications of the prospects of democratic consolidation and constitutionalism in Poland after 1989 and asks whether it is likely to be applicable to other transition countries such as Hungary, Czech Republic and Slovakia. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.
Book Synopsis Abusive Constitutional Borrowing by : Rosalind Dixon
Download or read book Abusive Constitutional Borrowing written by Rosalind Dixon and published by Oxford University Press. This book was released on 2021 with total page 241 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.
Book Synopsis Constitutional Democracy by : J nos Kis
Download or read book Constitutional Democracy written by J nos Kis and published by Central European University Press. This book was released on 2003-01-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.
Book Synopsis Constitutionalism Under Stress by : Uladzislau Belavusau
Download or read book Constitutionalism Under Stress written by Uladzislau Belavusau and published by Oxford University Press, USA. This book was released on 2020 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Illiberal Constitutionalism in Poland and Hungary by : Tímea Drinóczi
Download or read book Illiberal Constitutionalism in Poland and Hungary written by Tímea Drinóczi and published by Routledge. This book was released on 2021-09-15 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population. The work consists of seven Parts. Part I outlines the volume’s ambitions and provides an introduction. Part II discusses the theoretical framework and clarifies the terminology adopted in the book. Part III provides an in-depth insight into the constitutional identity of Poles and Hungarians and argues that an unbalanced constitutional identity has been moulded throughout Polish and Hungarian history in which emotional traits of collective victimhood and collective narcissism, and a longing for a charismatic leader have been evident. Part IV focuses on the emergence of illiberal constitutionalism, and, based on both quantitative and qualitative analyses, argues that illiberal constitutionalism is neither modern authoritarianism nor authoritarian constitutionalism. This Part contextualizes the issue by putting the deterioration of the Rule of Law into a European perspective. Part V explores the legal nature of illiberal legality when it is at odds and in compliance with the European Rule of Law, illiberal democracy, focusing on electoral democracy and legislative processes, and illiberalization of human rights. Part VI investigates whether there is a clear pattern in the methods of remodeling, or distancing from constitutional democracy, how it started, consolidated, and how its results are maintained. The final Part presents the author’s conclusions and looks to the future. The book will be an invaluable resource for scholars, academics and policy-makers interested in Constitutional Law and Politics.
Book Synopsis Capitalism and Democracy in Central and Eastern Europe by : Grzegorz Ekiert
Download or read book Capitalism and Democracy in Central and Eastern Europe written by Grzegorz Ekiert and published by Cambridge University Press. This book was released on 2003-09-15 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a shared effort to apply a general historical-institutionalist approach to the problem of assessing institutional change in the wake of communism's collapse in Europe. It brings together a number of leading senior and junior scholars with outstanding reputations as specialists in postcommunism and comparative politics to address central theoretical and empirical issues involved in the study of postcommunism. The authors address such questions as how historical 'legacies' of the communist regime be defined, how their impact can be measured in methodologically rigorous ways, and how the effects of temporal and spatial context can be taken into account in empirical research on the region. Taken as a whole, the volume makes an important contribution to the growing literature by utilizing the comparative historical method to study key problems of world politics.
Book Synopsis Rule of Law, Common Values, and Illiberal Constitutionalism by : Tímea Drinóczi
Download or read book Rule of Law, Common Values, and Illiberal Constitutionalism written by Tímea Drinóczi and published by Routledge. This book was released on 2020-09-08 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rethinking the Rule of Law after Communism by : Adam Czarnota
Download or read book Rethinking the Rule of Law after Communism written by Adam Czarnota and published by Central European University Press. This book was released on 2005-09-10 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.
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
Book Synopsis Spreading Democracy and the Rule of Law? by : Wojciech Sadurski
Download or read book Spreading Democracy and the Rule of Law? written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2006-07-30 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Book Synopsis Thinking Through Transition by : Michal Kope?ek
Download or read book Thinking Through Transition written by Michal Kope?ek and published by Central European University Press. This book was released on 2015-11-10 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first concentrated effort to explore the most recent chapter of East Central European past from the perspective of intellectual history. Post-socialism can be understood both as a period of scarcity and preponderance of ideas, the dramatic eclipsing of the dissident legacy?as well as the older political traditions?and the rise of technocratic and post-political governance. This book, grounded in empirical research sensitive to local contexts, proposes instead a history of adaptations, entanglements, and unintended consequences. In order to enable and invite comparison, the volume is structured around major domains of political thought, some of them generic (liberalism, conservatism, the Left), others (populism and politics of history) deemed typical for post-socialism. However, as shown by the authors, the generic often turns out to be heavily dependent on its immediate setting, and the typical resonates with processes that are anything but vernacular.
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.
Download or read book Ruling by Cheating written by András Sajó and published by Cambridge University Press. This book was released on 2021-08-12 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The European Neighbourhood Policy in a Comparative Perspective by : Sieglinde Gstohl
Download or read book The European Neighbourhood Policy in a Comparative Perspective written by Sieglinde Gstohl and published by Routledge. This book was released on 2016-07-22 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Neighbourhood Policy (ENP) has evolved into one of the European Union's major foreign policy instruments and received considerable attention. However, other EU neighbourhood policies, and their relevance for the ENP, also require examination. The Arab uprisings, civil wars in Libya and Syria, the continuing Israeli-Palestinian conflict, the crisis in Ukraine and Russia's annexation of the Crimean peninsula have all brought the institutional design and tools of the ENP into question and a comparative perspective is crucial to understand EU neighbourhood policies in a wider sense. This timely book puts the ENP into context by exploring the major challenges and key lessons of the EU's other policy frameworks with neighbouring countries. Mapping the EU's bi-lateral and multilateral neighbourhood relations in comparison to the ENP and investigating the major challenges faced, it provides a comprehensive, up-to-date view of the EU's relations with its neighbours. Focusing on current affairs and future challenges, the comparison with the ENP and the lessons to be drawn, generate novel insights into the EU's closest external relations. This book will be of key interest to students and scholars studying European Politics, policies and comparative politics.
Book Synopsis New Democracies in Crisis? by : Paul Blokker
Download or read book New Democracies in Crisis? written by Paul Blokker and published by Routledge. This book was released on 2013-09-05 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers whether the potential of democracy following the end of the Cold War was diminished by technocratic, judicial control of politics in the new democracies of Central and Eastern Europe. It explores the complexities and drawbacks of modern constitutionalism by offering a comprehensive theoretical and comparative-empirical assessment of the status and role of constitutionalism in five new EU Member States. The democratization of countries in Central and Eastern Europe has been guarded by constitutions and constitutional courts. This book examines the implications of powerful courts and rigid constitutions for the democratic engagement of citizens and the political authority of politicians. Using an interdisciplinary and comparative approach, the book analyses the historical emergence of powerful constitutional institutions in the Czech Republic, Hungary, Poland, Romania and Slovakia. The author argues that the democratic promise of 1989 largely lost out to a technocratic and top-down view of judicial control of politics – a state of affairs reinforced by EU accession. The current backlash in countries such as Hungary and Romania indicates that the realization of democratization to the extent initially expected might be ever more remote in some new democracies. New Democracies in Crisis? will be of interest to students and scholars of European Union politics, democratization studies, European constitutionalism, socio-legal studies, governance and comparative politics.
