Polands Constitutional Breakdown

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Poland's Constitutional Breakdown

Author : Wojciech Sadurski
Publisher : Oxford Comparative Constitutio
ISBN 13 : 0198840500
Total Pages : 305 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Poland's Constitutional Breakdown by : Wojciech Sadurski

Download or read book Poland's Constitutional Breakdown written by Wojciech Sadurski and published by Oxford Comparative Constitutio. This book was released on 2019-05-16 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.

Poland's Constitutional Breakdown

Author : Wojciech Sadurski
Publisher : Oxford University Press
ISBN 13 : 0192576976
Total Pages : 304 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Poland's Constitutional Breakdown by : Wojciech Sadurski

Download or read book Poland's Constitutional Breakdown written by Wojciech Sadurski and published by Oxford University Press. This book was released on 2019-05-16 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.

Constitutionalism and the Enlargement of Europe

Author : Wojciech Sadurski
Publisher : Oxford University Press
ISBN 13 : 0199696780
Total Pages : 263 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Constitutionalism and the Enlargement of Europe by : Wojciech Sadurski

Download or read book Constitutionalism and the Enlargement of Europe written by Wojciech Sadurski and published by Oxford University Press. This book was released on 2012-07-26 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Equality and Legitimacy

Author : Wojciech Sadurski
Publisher : Oxford University Press on Demand
ISBN 13 : 0199545170
Total Pages : 276 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Equality and Legitimacy by : Wojciech Sadurski

Download or read book Equality and Legitimacy written by Wojciech Sadurski and published by Oxford University Press on Demand. This book was released on 2008 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines the relationship between the idea of legitimacy of law in a democratic system and equality. It seeks to demonstrate how a conception of democratic legitimacy is necessary for understanding and reconciling equality and political legitimacy.

Defending Checks and Balances in EU Member States

Author : Armin von Bogdandy
Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

How to Save a Constitutional Democracy

Author : Tom Ginsburg
Publisher : University of Chicago Press
ISBN 13 : 022656438X
Total Pages : 306 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis How to Save a Constitutional Democracy by : Tom Ginsburg

Download or read book How to Save a Constitutional Democracy written by Tom Ginsburg and published by University of Chicago Press. This book was released on 2018-10-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can either hinder or hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator, who can degrade the public sphere by wielding hateful language that would be banned in many other democracies. But we—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

Constitutionalism Under Stress

Author : Uladzislau Belavusau
Publisher : Oxford University Press, USA
ISBN 13 : 0198864736
Total Pages : 385 pages
Book Rating : 4.1/5 (988 download)

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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.

Abusive Constitutional Borrowing

Author : Rosalind Dixon
Publisher : Oxford University Press
ISBN 13 : 0192893769
Total Pages : 241 pages
Book Rating : 4.1/5 (928 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 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.

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.

The Roundtable Talks and the Breakdown of Communism

Author : Jon Elster
Publisher : University of Chicago Press
ISBN 13 : 9780226206288
Total Pages : 268 pages
Book Rating : 4.2/5 (62 download)

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Book Synopsis The Roundtable Talks and the Breakdown of Communism by : Jon Elster

Download or read book The Roundtable Talks and the Breakdown of Communism written by Jon Elster and published by University of Chicago Press. This book was released on 1996-09 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: In five country-specific reports, senior scholars provide detailed accounts of the talks in Bulgaria, Poland, Hungary, Czechoslovakia, and the German Democratic Republic. These essays capture the historical circumstances of these countries - their traditions, customs, and the balance of influence between competing factions - that often took precedence over constitutional ideals.

Human Rights in a Time of Populism

Author : Gerald L. Neuman
Publisher : Cambridge University Press
ISBN 13 : 1108485499
Total Pages : 297 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Human Rights in a Time of Populism by : Gerald L. Neuman

Download or read book Human Rights in a Time of Populism written by Gerald L. Neuman and published by Cambridge University Press. This book was released on 2020-04-09 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading experts examine the threats posed by populism to human rights and the international systems and explore how to confront them.

Constitutional Erosion in Brazil

Author : Emilio Peluso Neder Meyer
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942602
Total Pages : 320 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Erosion in Brazil by : Emilio Peluso Neder Meyer

Download or read book Constitutional Erosion in Brazil written by Emilio Peluso Neder Meyer and published by Bloomsbury Publishing. This book was released on 2021-07-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a fascinating analysis of a single jurisdiction, Brazil, and accounts for both the successes and the failures of its most recent constitutional project, inaugurated by the Constitution of 1988. It sets out the following aspects of the constitutional development and erosion: - the different phases of the promised transition from military rule to a 'social-democratic constitutionalism'; - the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship; - the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the neoliberal pattern, the acceptance in the political field of unlawful organisations, such as the milícias, and the way the digital revolution has been harming the formation of democratic sovereignty. Situating Brazil in the global context of the revival of authoritarianism, it details the factors which are common to the third wave of democratisation reflux. Accounting for those aspects, particular to the Brazilian jurisdiction, it shows that there is a tension in the Brazilian constitution. On the one hand, such constitutionalism was renewed by democratic pressure on governments to undertake social politics since 1988. On the other hand, it retained authoritarian practices through the hands of diverse institutions and political actors. By exploring the ideas of constitutional erosion and collapse, as well as democratic, social and digital constitutionalism, the book presents a comparative analysis of Brazil and other jurisdictions, including the United States, South Africa, and Peru.

Nation and Loyalty in a German-Polish Borderland

Author : Brendan Karch
Publisher : Cambridge University Press
ISBN 13 : 1108487106
Total Pages : 349 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Nation and Loyalty in a German-Polish Borderland by : Brendan Karch

Download or read book Nation and Loyalty in a German-Polish Borderland written by Brendan Karch and published by Cambridge University Press. This book was released on 2018-10-04 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: A century-long struggle to make a borderland population into loyal Germans or Poles drove nationalist activists to radical measures.

HATE

Author : Nadine Strossen
Publisher : Oxford University Press
ISBN 13 : 019085913X
Total Pages : 240 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis HATE by : Nadine Strossen

Download or read book HATE written by Nadine Strossen and published by Oxford University Press. This book was released on 2018-04-02 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. We hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as "hate speech." "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.

Democracy in Europe

Author :
Publisher :
ISBN 13 :
Total Pages : 514 pages
Book Rating : 4.R/5 (3 download)

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Book Synopsis Democracy in Europe by :

Download or read book Democracy in Europe written by and published by . This book was released on 1877 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Giving Desert Its Due

Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
ISBN 13 : 9401577064
Total Pages : 333 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis Giving Desert Its Due by : Wojciech Sadurski

Download or read book Giving Desert Its Due written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field.

Jozef Pilsudski

Author : Antoni Lenkiewicz
Publisher : Winged Hussar Publishing
ISBN 13 : 1950423174
Total Pages : 343 pages
Book Rating : 4.9/5 (54 download)

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Book Synopsis Jozef Pilsudski by : Antoni Lenkiewicz

Download or read book Jozef Pilsudski written by Antoni Lenkiewicz and published by Winged Hussar Publishing. This book was released on 2019-08-27 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Józef Piłsudski (1868-1935) is the heroic and controversial leader of the reconstituted Poland that emerged out of World War I. He was a revolutionary who defeated the Red Armies outside of Warsaw and although he never held an elected office, he placed his personal stamp on the development of the Pre-War Polish Republic. In some ways he was a visionary for the era (A Federation of Eastern States, free education, woman’s suffrage) he also was responsible for a dominant military presence and a coup against the elected government. Dr. Lenkiewicz examines the life of this hero of Poland based on original documentation and people who knew him.