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Revolution Transition Memory And Oblivion
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Book Synopsis Revolution, Transition, Memory, and Oblivion by : Martin Belov
Download or read book Revolution, Transition, Memory, and Oblivion written by Martin Belov and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change.
Book Synopsis Rule of Law in Crisis by : Martin Belov
Download or read book Rule of Law in Crisis written by Martin Belov and published by Taylor & Francis. This book was released on 2022-12-30 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, memory politics and identity politics. It critically assesses the responses given by the EU and its member states to the current crisis. The work also provides an analysis of the most important challenges to rule of law stemming from the performance of constitutional courts, including the risks of judicial activism, politicization of the courts and judicialization of politics. The book will be an invaluable resource for researchers, academics and policy-makers working in the areas of Constitutional Law and Political Science.
Book Synopsis Handbook on the Politics of Memory by : Maria Mälksoo
Download or read book Handbook on the Politics of Memory written by Maria Mälksoo and published by Edward Elgar Publishing. This book was released on 2023-01-20 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a novel multi-disciplinary theorization of memory politics, this insightful Handbook brings varied literatures into a focused dialogue on the ways in which the past is remembered and how these influence transnational, interstate, and global politics in the present.
Book Synopsis Constitutional Semiotics by : Martin Belov
Download or read book Constitutional Semiotics written by Martin Belov and published by Bloomsbury Publishing. This book was released on 2022-06-30 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.
Book Synopsis Territorial Politics and Secession by : Martin Belov
Download or read book Territorial Politics and Secession written by Martin Belov and published by Springer Nature. This book was released on 2021-03-29 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.
Book Synopsis Courts and Judicial Activism under Crisis Conditions by : Martin Belov
Download or read book Courts and Judicial Activism under Crisis Conditions written by Martin Belov and published by Routledge. This book was released on 2021-09-22 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.
Book Synopsis Hans Kelsen's Normativism by : Carsten Heidemann
Download or read book Hans Kelsen's Normativism written by Carsten Heidemann and published by Cambridge University Press. This book was released on 2022-03-03 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen's Pure Theory of Law is the most prominent example of legal normativism. This text traces its origins and its genesis. In philosophy, normativism started with Hume's distinction between Is- and Ought-propositions. Kant distinguished practical from theoretical judgments, while resting even the latter on normativity. Following him, Lotze and the Baden neo-Kantians instrumentalized normativism to secure a sphere of knowledge which is not subject to the natural sciences. Even in his first major text, Kelsen claims that law is solely a matter of Ought or normativity. In the second phase of his writings, he places himself into the neo-Kantian tradition, holding legal norms to be Ought-judgments of legal science. In the third phase, he advocates a barely coherent naive normative realism. In the fourth phase, he supplements the realist view with a strict will-theory of norms, coupled with set-pieces from linguistic philosophy; classical normativism is more or less dismantled.
Book Synopsis Constitutional Law and Precedent by : Monika Florczak-Wątor
Download or read book Constitutional Law and Precedent written by Monika Florczak-Wątor and published by Routledge. This book was released on 2022-03-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Book Synopsis Constitutional Law in Hungary by : Zoltán Szente
Download or read book Constitutional Law in Hungary written by Zoltán Szente and published by Kluwer Law International B.V.. This book was released on 2022-09-20 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Hungary provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Hungary will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Book Synopsis Politics of Memory and Oblivion in the European Context by : Viktorija L.A. Čeginskas
Download or read book Politics of Memory and Oblivion in the European Context written by Viktorija L.A. Čeginskas and published by Routledge. This book was released on 2021-11-29 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides novel and critical insights into the complex relationship between politics of memory and oblivion in European countries in the 20th and early 21st centuries as well as the cultural, political and institutional backgrounds against which they function. It explores the uses of the past in terms of a conscious choice to either reactivate or overlook memories as selective reference points for the promotion and legitimation of contemporary political goals. The chapters of this volume bring together theoretical discussions on the interrelationship between remembrance and purposeful oblivion as active processes that serve particular interests and ideologies in the present. By addressing the diverse meanings given to practices of memory, the contributions offer new perspectives on how institutions shape cultural memory, power relations and identity projects. Politics of Memory and Oblivion in the European Context: Critical Perspectives will be of interest to scholars and graduate students from the fields of memory studies, heritage studies, cultural studies, history, and political science who engage with the legacies of violent and traumatic pasts, post-colonial contexts, societal transition and reconciliation. The chapters in this book were originally published as a special issue of the journal, European Politics and Society.
Book Synopsis The Architecture of Constitutional Amendments by : Richard Albert
Download or read book The Architecture of Constitutional Amendments written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration has occurred? The book examines the 3 major models of amendment codification – the appendative, the integrative, and the invisible models – and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics. Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed. A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world – across Africa, America, Asia and Oceania, and Europe – raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design.
Book Synopsis On History and Memory in Arab Literature and Western Poetics by : Bootheina Majoul
Download or read book On History and Memory in Arab Literature and Western Poetics written by Bootheina Majoul and published by Cambridge Scholars Publishing. This book was released on 2020-10-06 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Texts act like receptacles for an ever-present remembered past, or what the French philosopher Paul Ricœur calls “the present representation of an absent thing”. They might embody an efficient remedy to forgetting but could also become a vivid testimony for exorcised traumas. This volume focuses on Ricœur’s phenomenology of memory, epistemology of history, and hermeneutics of forgetting. A special emphasis is laid on the dissension between individual and collective institutional memory.
Book Synopsis Delayed Transitional Justice by : Mariana S. Mendes
Download or read book Delayed Transitional Justice written by Mariana S. Mendes and published by Taylor & Francis. This book was released on 2023-07-24 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the issue of the timing of transitional justice policies in countries that had negotiated transitions from authoritarianism to democracy. Why are transitional justice measures often being implemented decades after the events they refer to? More specifically, what combination of factors leads to the implementation of transitional justice policies at certain moments in time? And, what explains countries’ different choices and trajectories? To address these questions, this book pursues a comparative analysis of three cases: comparing a case of ‘robust’ implementation of transitional justice measures (Uruguay), a case where only victim-centered measures were approved (Spain), and a case that sits in between these two (Brazil). Through an in-depth empirical analysis of these specific country-cases, and focusing on seven different transitional justice initiatives, the book identifies the determinants behind delayed transitional justice policies and explains why such policies are more robust in some settings than in others. In doing so, it provides a holistic account of post-transitional justice outcomes, offering more general conclusions and insights about the study of the drivers of transitional justice. This book will appeal to scholars and students of transitional justice in politics, law, and sociology, as well as to policymakers involved in the implementation and administration of transitional justice measures.
Book Synopsis Twenty Years After Communism by : Michael H. Bernhard
Download or read book Twenty Years After Communism written by Michael H. Bernhard and published by Oxford University Press. This book was released on 2014 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Remembering the past, especially as collectivity, is a political process, thus the politics of memory and commemoration is an integral part of the establishment of new political regimes, new identities, and new principles of political legitimacy. This volume is about the explosion of the politics of memory triggered by the fall of state socialism in Eastern Europe, particularly about the politics of its commemoration twenty years later. It offers seventeen in-depth case studies, an original theoretical framework, and a comparative study of memory regime types and their origins. Four different kinds of mnemonic actors are identified: mnemonic warriors, mnemonic pluralists, mnemonic abnegators, and mnemonic prospectives. Their combinations render three different types of memory regimes: fractured, pillarized, and unified. Disciplined comparative analysis shows how several different configurations of factors affect the emergence of mnemonic actors and different varieties of memory regimes. There are three groups of causal factors that influence the political form of the memory regime: the range of structural constraints the actors face (e.g., the type of regime transformation), cultural constraints linked to past political conflict (e.g., salient ethnic or religious cleavages), and cultural and strategic choices actors make (e.g. framing post-communist political identities)"--
Book Synopsis The Politics of Memory by : Carmen González Enríquez
Download or read book The Politics of Memory written by Carmen González Enríquez and published by Oxford University Press. This book was released on 2001 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: List of Tables and Figure
Book Synopsis A History of the European Restorations by : Michael Broers
Download or read book A History of the European Restorations written by Michael Broers and published by Bloomsbury Publishing. This book was released on 2019-11-14 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe's Restorations were characterised by their evolving dialectics. The chapters in this first volume address the key questions and controversies of Napoleonic history from a national and international perspective. From the re-ordering of the European world through the tools of intervention, occupation and diplomacy, to the creation of new constitutional monarchies across France, Scandinavia and Germany the volume outlines the processes that realigned national priorities and the accompanying dynamics of social and political identity. In a structure that makes sense of what Luigi Mascilli Migliorini describes as the 'fiendishly complex' process of reconstructing order in post-Napoleonic Europe, this collection of essays brings together experts in the field to set a new precedent for transnational research frameworks in the study of the European Restorations.
Book Synopsis Truth Commissions and Transitional Societies by : Eric Wiebelhaus-Brahm
Download or read book Truth Commissions and Transitional Societies written by Eric Wiebelhaus-Brahm and published by Routledge. This book was released on 2010-01-05 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses a multi-method approach to examine the impact of truth commissions on subsequent human rights protection and democratic practice and features cross-national case studies on South Africa, El Salvador, Chile and Uganda.
