Populist Constitutionalism And Illiberal Democracies

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Populist Constitutionalism and Illiberal Democracies

Author : Martin Belov
Publisher :
ISBN 13 : 9781839701399
Total Pages : 378 pages
Book Rating : 4.7/5 (13 download)

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Book Synopsis Populist Constitutionalism and Illiberal Democracies by : Martin Belov

Download or read book Populist Constitutionalism and Illiberal Democracies written by Martin Belov and published by . This book was released on 2021 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a topical study of populist constitutionalism and illiberal democracies, exploring their roots in constitutional imagination as well as their normative entrenchment and performance in political reality. It provides insightful analysis of republican constitutionalism, focusing on the role of people in radical democracy and revolutionary constitutional reform. Furthermore, the outlook, adequacy and performance of constitutional principles in times of democratic ruptures are assessed. The contributors examine the rise of populist constitutionalism and the main trends that have led to the current, ongoing crises in liberal democracy. The book includes original analyses of populist constitutionalism from the viewpoint of emotions and constitutional imagination, as well as a special chapter devoted to the challenges posed to constitutional democracy by COVID-19. Combining theoretical contributions, comparative typologies and important case studies, the spread of populism and illiberal democracy in Europe is critically explored. Populist Constitutionalism and Illiberal Democracies is a timely contribution to the lively discussion surrounding constitutional law, comparative constitutional law, comparative constitutionalism and political science regarding the rise and spread of illiberal democracies, authoritarian political regimes and revolutionary, radical democratic and populist constitutionalism. With contributions by Martin Belov (University of Sofia 'St. Kliment Ohridski'), Agnieszka Bien-Kacala (Nicolaus Copernicus University in Torun), Paul Blokker (University of Bologna), Monica Bonini (Università degli Studi di Milano-Bicocca), Carlo Alberto Ciaralli (University 'G. d'Annunzio' of Chieti-Pescara), Eoin Daly (National University of Ireland), Gianmario Demuro (University of Cagliari), Tímea Drinóczi (University of Pécs), Wojciech Engelking (University of Warsaw), Angela Di Gregorio (University of Milano), Marcin Kilanowski (Nicolaus Copernicus University in Torun), Zoltán Pozsár-Szentmiklósy (ELTE Eötvös Loránd University), Przemyslaw Tacik (Jagiellonian University of Kraków), Anna Tarnowska (Nicolaus Copernicus University in Torun), Zoltan J. Toth (Károli Gáspár University), Julia Wesolowska (Jagiellonian University of Kraków) and Wojciech Wloch (Nicolaus Copernicus University in Torun).

Illiberal Constitutionalism in Poland and Hungary

Author : Tímea Drinóczi
Publisher : Routledge
ISBN 13 : 1000428761
Total Pages : 170 pages
Book Rating : 4.0/5 (4 download)

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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.

Rule of Law, Common Values, and Illiberal Constitutionalism

Author : Tímea Drinóczi
Publisher : Routledge
ISBN 13 : 1000172430
Total Pages : 166 pages
Book Rating : 4.0/5 (1 download)

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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 166 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.

Ruling by Cheating

Author : András Sajó
Publisher : Cambridge University Press
ISBN 13 : 1108956319
Total Pages : 630 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Ruling by Cheating by : András Sajó

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.

Democratic Decline in Hungary

Author : András L. Pap
Publisher : Routledge
ISBN 13 : 1351684671
Total Pages : 176 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 176 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.

Power to the People

Author : Mark Tushnet
Publisher : Oxford University Press
ISBN 13 : 0197606733
Total Pages : 297 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis Power to the People by : Mark Tushnet

Download or read book Power to the People written by Mark Tushnet and published by Oxford University Press. This book was released on 2021-11-22 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Self-described populist leaders around the world are dismantling their nation's constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. Context and detail matter. Power to the People offers a thin definition of constitutionalism that people from the progressive left to the conservative right should be able to agree on even if they would supplement the thin definition within other more partisan ideas. This is followed by a similarly basic definition of populism. Comparing the two, this book argues that one facet of populism -its suspicion of institutions that are strongly entrenched against change by political majorities-is sometimes inconsistent with constitutionalism's thinly understood definition. The book provides a series of case studies, some organized by nation, others by topic, to identify, more precisely, when and how populist programs are inconsistent with constitutionalism-and, importantly, when and how they are not. Concluding with a discussion of the possibilities for a deeper, populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new, albeit revisable, institutions that can determine and implement a majority's views without always threatening constitutionalism.

Routledge Handbook of Illiberalism

Author : András Sajó
Publisher : Routledge
ISBN 13 : 1000479455
Total Pages : 1024 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Routledge Handbook of Illiberalism by : András Sajó

Download or read book Routledge Handbook of Illiberalism written by András Sajó and published by Routledge. This book was released on 2021-11-30 with total page 1024 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of IIliberalism is the first authoritative reference work dedicated to illiberalism as a complex social, political, cultural, legal, and mental phenomenon. Although illiberalism is most often discussed in political and constitutional terms, its study cannot be limited to such narrow frames. This Handbook comprises sixty individual chapters authored by an internationally recognized group of experts who present perspectives and viewpoints from a wide range of academic disciplines. Chapters are devoted to different facets of illiberalism, including the history of the idea and its competitors, its implications for the economy, society, government and the international order, and its contemporary iterations in representative countries and regions. The Routledge Handbook of IIliberalism will form an important component of any library's holding; it will be of benefit as an academic reference, as well as being an indispensable resource for practitioners, among them journalists, policy makers and analysts, who wish to gain an informed understanding of this complex phenomenon.

Populism and Civil Society

Author : Andrew Arato
Publisher : Oxford University Press
ISBN 13 : 0197526586
Total Pages : 321 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Populism and Civil Society by : Andrew Arato

Download or read book Populism and Civil Society written by Andrew Arato and published by Oxford University Press. This book was released on 2021 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Populism : why and why now? -- Populism as mobilization and as a party -- Populist governments and their logic -- Populism and constitutionalism -- Alternatives to populism.

The Oxford Handbook of Populism

Author : Cristóbal Rovira Kaltwasser
Publisher : Oxford University Press
ISBN 13 : 0198803567
Total Pages : 737 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Oxford Handbook of Populism by : Cristóbal Rovira Kaltwasser

Download or read book The Oxford Handbook of Populism written by Cristóbal Rovira Kaltwasser and published by Oxford University Press. This book was released on 2017 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook presents state of the art research on populism from the perspective of Political Science.

A Pluralist Theory of Constitutional Justice

Author : Michel Rosenfeld
Publisher :
ISBN 13 : 9780192607362
Total Pages : 0 pages
Book Rating : 4.6/5 (73 download)

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Book Synopsis A Pluralist Theory of Constitutional Justice by : Michel Rosenfeld

Download or read book A Pluralist Theory of Constitutional Justice written by Michel Rosenfeld and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal constitutionalism has come under sharp attack as globalization led to a confluence of huge disparities in wealth, identity-based alienation triggered by mass migration, and accompanying erosions of democracy. Liberal constitutionalism has also been challenged by illiberal populists who have adapted its framework to mask their aim to subvert its core values. These developments bring the nexus between the constitution and justice to the fore, and in particular that concerning distributive justice in its three dimensions of redistribution, recognition, and representation. The book provides a systematic account of the central role of distributive justice in the normative legitimation of liberal constitutions. Because what distributive justice requires is highly contested and constitutions are supposed to be susceptible of garnering a consensus among those they govern, constitutions only ought to guarantee essential but limited aspects of justice. Drawing on Rawls' insight that distributive justice calls for "constitutional essentials," the book advances the thesis that liberal constitutions must incorporate certain "justice essentials." The book is divided into three parts. Part I examines the combination of current legal, economic, political, and ideological developments that pose challenges to the normative viability of liberal constitutionalism. Part II offers a rereading of the relevant philosophical and jurisprudential literature that sheds crucial theoretical light on the relationship between constitution and justice. This rereading draws on key figures in both the analytic and the continental traditions. Finally, Part III makes the case for a thoroughly pluralistic approach being optimal in the quest for a constitution's justice essentials.

Populism and Contemporary Democracy in Europe

Author : Josep Maria Castellà Andreu
Publisher : Springer Nature
ISBN 13 : 3030928845
Total Pages : 341 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis Populism and Contemporary Democracy in Europe by : Josep Maria Castellà Andreu

Download or read book Populism and Contemporary Democracy in Europe written by Josep Maria Castellà Andreu and published by Springer Nature. This book was released on 2022-04-12 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the impact of populism on the European democratic polity. In the last two decades, European democracies have come under strain amid growing populism. By asserting the superiority of the majority over the law, of direct democracy over representation, and claiming the necessity to defend national sovereignty against foreign interferences, the populist conception of democracy is in stark contrast with the longstanding Western notion of liberal democracy. This volume investigates populist attempts to radically change what Bobbio called the “rules of the game” of democracy from an eminently legal perspective. Weaving together normative and empirical analysis, the contributions focus on the institutions that have suffered the most from the rise of populism as well as those that have better resisted the populist tide. Special attention will be paid to the Venice Commission’s opinions and documents, as they represent the best European standards to evaluate the extent to which populism deviates from constitutional democracy requirements. The book also considers the responses of European States to the explosion of the COVID-19 pandemic. The COVID-19 pandemic has indeed been an accelerator of known and studied trends in most constitutional systems, such as the concentration of powers in the executive hands and the consequential loss of parliament's centrality. Various forms of populism across Europe have thus found an ideal breeding ground to implement their agenda of granting the executive broad regulatory and decision-making powers while loosening parliamentary and judicial checks. Against this backdrop, the book analyses how European democracies should adapt to the challenges posed by the pandemic, as this reflection can help respond to populist threats and propose a way forward for liberal democracy.

Populist Challenges to Constitutional Interpretation in Europe and Beyond

Author : Fruzsina Gárdos-Orosz
Publisher : Routledge
ISBN 13 : 1000386228
Total Pages : 309 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Populist Challenges to Constitutional Interpretation in Europe and Beyond by : Fruzsina Gárdos-Orosz

Download or read book Populist Challenges to Constitutional Interpretation in Europe and Beyond written by Fruzsina Gárdos-Orosz and published by Routledge. This book was released on 2021-05-03 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Populism and Democracy

Author : Sascha Hardt
Publisher :
ISBN 13 : 9789490947231
Total Pages : 376 pages
Book Rating : 4.9/5 (472 download)

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Book Synopsis Populism and Democracy by : Sascha Hardt

Download or read book Populism and Democracy written by Sascha Hardt and published by . This book was released on 2020 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are liberal democracies in decline? If they are, what role does populism play in this? What can and should democracies do to defend their core features against 'democratic decay'? And which features can be considered essential? These are difficult questions further complicated by the realisation that their answers depend on perspective. Populism and democratic decay are global phenomena but they play out differently in different countries and regions. They also cannot be properly understood through the lens of one discipline alone. This book brings together scholars of political science and law, who look at populism, democratic decay, and possible means to protect democratic constitutionalism from global, regional (European) and national angles. The book is made up of two parts. The first part discusses general aspects of populism. The second part of the book consists of seven country reports and one regional report; each analysing the success or failure of national constitutional safeguards against populism in the local constitutional and socio-political context. From East-Central Europe to the United Kingdom, from Italy to the Philippines, the pictures painted in these articles are diverse, yet enlightening and relevant from a comparative perspective. This volume is part of a research project on populism and democracy conducted at Maastricht University, Faculty of Law, and funded by the Statesman Thorbecke Fund at the Dutch Royal Academy of Sciences (knaw).

Authoritarian Populism and Liberal Democracy

Author : Ivor Crewe
Publisher : Springer
ISBN 13 : 3030179974
Total Pages : 310 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Authoritarian Populism and Liberal Democracy by : Ivor Crewe

Download or read book Authoritarian Populism and Liberal Democracy written by Ivor Crewe and published by Springer. This book was released on 2019-08-06 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume offers new insights into the populist wave that is affecting democratic politics in a large number of countries. The authoritarian populist turn that has developed in the US and various European countries in recent years both reflects and exacerbates the polarization of public opinion that increasingly characterizes democratic politics. The book seeks to explain how and why authoritarian populist opinion has developed and been mobilised in democratic countries. It also explores the implications of this growth in authoritarian, anti-immigrant sentiment for the operation of democratic politics in the future. It concludes that liberals may need to abandon their big-hearted internationalist instinct for open and unmanaged national borders and tacit indifference to illegal immigration. They should instead fashion a distinctively liberal position on immigration based on the socially progressive traditions of planning, public services, community cohesion and worker protection against exploitation. To do otherwise would be to provide the forces of illiberal authoritarianism with an opportunity to advance unparalleled since the 1930s and to destroy the extraordinary post-war achievements of the liberal democratic order.

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.

Constitutionalism under Stress

Author : Uladzislau Belavusau
Publisher : Oxford University Press
ISBN 13 : 0192633708
Total Pages : 367 pages
Book Rating : 4.1/5 (926 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. This book was released on 2020-09-10 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism under Stress reflects on comparative constitutionalism in Central and Eastern Europe through the lens of leading legal scholar Professor Wojciech Sadurski, whose writings have anticipated and scrutinized the current decline of liberal democracies and populist challenges to the rule of law in the region. Sadurski's work has chronicled the transition from concern for the most basic of human rights under authoritarian rule to the challenges of democratic governance. The compelling rights discourse of an earlier period gave way to claims of abuse of majoritarian prerogatives as the hopes of liberal democracy encountered the power of illiberalism. The theoretical responses offered for the preservation of liberal democracy, in light of the current turbulence regarding the rule of law in the region, produces a far reaching and effective reference tool on matters of constitutional capture and illiberal democracy.

The Rise of Populist Nationalism

Author : Margit Feischmidt
Publisher : Central European University Press
ISBN 13 : 9633863325
Total Pages : 310 pages
Book Rating : 4.6/5 (338 download)

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Book Synopsis The Rise of Populist Nationalism by : Margit Feischmidt

Download or read book The Rise of Populist Nationalism written by Margit Feischmidt and published by Central European University Press. This book was released on 2020-02-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors of this book approach the emergence and endurance of the populist nationalism in post-socialist Eastern Europe, with special emphasis on Hungary. They attempt to understand the reasons behind public discourses that increasingly reframe politics in terms of nationhood and nationalism. Overall, the volume attempts to explain how the new nationalism is rooted in recent political, economic and social processes. The contributors focus on two motifs in public discourse: shift and legacy. Some focus on shifts in public law and shifts in political ethno-nationalism through the lens of constitutional law, while others explain the social and political roots of these shifts. Others discuss the effects of legacy in memory and culture and suggest that both shift and legacy combine to produce the new era of identity politics. Legal experts emphasize that the new Fundamental Law of Hungary is radically different from all previous Hungarian constitutions, and clearly reflects a redefinition of the Hungarian state itself. The authors further examine the role of developments in the fields of sociology and political science that contribute to the kind of politics in which identity is at the fore.