Democratic Crisis and Global Constitutional Law

Democratic Crisis and Global Constitutional Law PDF Author: Christopher Thornhill
Publisher: Cambridge University Press
ISBN: 1108496083
Category : Law
Languages : en
Pages : 281

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Book Description
Explains the current weakness of democratic polities by addressing paradoxes in constitutional democracy and its theoretical foundations.

Constitutional Democracy in Crisis?

Constitutional Democracy in Crisis? PDF Author: Mark A. Graber
Publisher: Oxford University Press
ISBN: 0190889004
Category : Law
Languages : en
Pages : 352

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Book Description
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

Democracy in Times of Crises

Democracy in Times of Crises PDF Author:
Publisher: Springer Nature
ISBN: 303097295X
Category : Democracy
Languages : en
Pages : 230

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Book Description
Inspired by the democratic origins of the Greek naval victory at Salamis, the book discusses the current pressing issues of democracy worldwide. In 12 carefully selected chapters, well-renowned scholars from around the globe discuss topics such as Brexit, Euroscepticism, or the rise of populism. The authors further analyze various aspects of democracy, as well as various types of democratic regimes, such as mixed government, direct democracy, and cases of quasi democracies. While doing so, they relate this discussion to the pivotal question of how the quality of democracy today can be improved, seeking answers and solutions to current pending problems at the global level. This book is the second out of two edited volumes as a sequel of an international academic conference titled Salamis and Democracy: 2500 Years After that took place between October 3rd and October 5th, 2020, on the occasion of the 2500th anniversary of the great historical event of the Battle of Salamis, which saved Greek culture and the newly founded democratic regimes throughout the Hellenic world during the Classical period (508-323 BCE). The book is a must-read for scholars and students of political science, economics, and law, as well as policy-makers interested in a better understanding of democracy, governance, populism, social choice, and constitutional law.

Law as Passion

Law as Passion PDF Author: Miguel Nogueira de Brito
Publisher: Springer Nature
ISBN: 3030635015
Category : Law
Languages : en
Pages : 251

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Book Description
Inspired by the works of Professor Marcelo Neves, in this book colleagues come together to explore how their research has been influenced by non-European and post-colonial approaches. With a foreword by Karl-Heinz Ladeur, it features essays written by leading scholars in the fields of sociology of law and constitutional theory – including Hauke Brunkhorst, Darío Rodrígues, Kimmo Nuotio and Pablo Holmes. The content is divided into four sections, the first of which, “Law, State, and Global Crisis,” covers topics related to the modern constitutional state, the crisis of global capitalism, and the global rule of law. The second, “Symbolic Constitutionalization,” analyzes challenges to constitutionalism in the “Peripheral Modernity.” The authors in the third section examine how the concept of “Transconstitutionalism” can shed new light on contemporary debates concerning global public law. In turn, the last section of the book, “Systems Theory and Public Law,” addresses systems theory issues in the fields of legal history and administrative law. The book presents a relevant and original discussion encompassing such diverse fields as constitutional theory, international law, systems theory, and sociology of constitutions.

Anti-Constitutional Populism

Anti-Constitutional Populism PDF Author: Martin Krygier
Publisher: Cambridge University Press
ISBN: 1009033344
Category : Law
Languages : en
Pages :

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Book Description
Around the world, populist parties have sprung up in formerly and formally liberal-democratic polities, challenging their existing political parties and leaders, and frequently overwhelming them. These challenges and successes were rarely predicted, arriving so soon after the wave of liberal democratic and constitutional enthusiasms, proclamations and institution-building which peaked in the 1990s. Bringing together scholars from law, political science and philosophy, this collection explores the character of contemporary populisms and their relationships to constitutional democracy. With contributors from around the world, it offers a diverse range of nuanced perspectives on populism as a global phenomenon. Using comparative and multi-disciplinary techniques, this book considers the specifics and similarities of populisms, and raises general questions about their nature and potential futures.

Peace, Discontent and Constitutional Law

Peace, Discontent and Constitutional Law PDF Author: Martin Belov
Publisher: Routledge
ISBN: 1000385337
Category : Law
Languages : en
Pages : 281

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Book Description
This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.

Constitutionalism 2030

Constitutionalism 2030 PDF Author: Christoph Bezemek
Publisher: Bloomsbury Publishing
ISBN: 1509942718
Category : Law
Languages : en
Pages : 235

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Book Description
Constitutionalism is in crisis. And the crisis unfolds not only on a national or a regional level. It is a global phenomenon: Democracy is no longer on the rise, the Rule of Law appears weakened, political cohesion seems to erode. Human Rights Protection finds itself questioned, International Criminal Law struggles for broad recognition, international trade may have lost some of its appeal. Institutional actors find their authority questioned, established political parties are threatened by ever-changing popular movements. But where to does the charted road lead? How will the “Crisis of Constitutionalism” unfold in the years to come? Nobody knows, of course. But at the same time: Nobody is too keen to make an educated guess either. This volume remedies that. By giving nine eminent scholars in law and political science the opportunity to make their predictions, where the constitutionalist project will stand ten years from now, it creates a forum of deliberation that will not only aim at anticipating the developments in question but at the same time shape academic discourse on constitutionalism alongside it.

Eternity Clauses in Democratic Constitutionalism

Eternity Clauses in Democratic Constitutionalism PDF Author: Silvia Suteu
Publisher: Oxford University Press
ISBN: 0198858868
Category : Law
Languages : en
Pages : 338

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Book Description
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.

The Impact of European Institutions on the Rule of Law and Democracy

The Impact of European Institutions on the Rule of Law and Democracy PDF Author: Matej Avbelj
Publisher: Bloomsbury Publishing
ISBN: 1509915060
Category : Law
Languages : en
Pages : 320

Get Book

Book Description
Since 2010 the European Union has been plagued by crises of democracy and the rule of law, which have been spreading from Central and Eastern Europe (CEE), catching many by surprise. This book argues that the professed success of the 2004 big bang enlargement mirrored the Potemkin villages erected in the new Member States on their accession to Europe. Slovenia is a prime example. Since its independence and throughout the accession process, Slovenia has been portrayed as the poster child of the 'New Europe'. This book claims that the widely shared narrative of the Slovenian EU dream is a myth. In many ways, Slovenia has fared even worse than its contemporary, constitutionally-backsliding, CEE counterparts. The book's discussion of the depth and breadth of the democratic crises in Slovenia should contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE Member States, which threaten the viability of the EU and Council of Europe projects. It is only on the basis of this improved understanding that the crises can be appropriately addressed at national, transnational and supranational levels.

Sociological Constitutionalism

Sociological Constitutionalism PDF Author: Paul Blokker
Publisher: Cambridge University Press
ISBN: 1107124042
Category : Law
Languages : en
Pages : 369

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Book Description
This landmark book provides the first systematic overview of key research in the sociology of constitutions.

Democratic Crisis and Global Constitutional Law

Democratic Crisis and Global Constitutional Law PDF Author: Christopher Thornhill
Publisher: Cambridge University Press
ISBN: 1108496083
Category : Law
Languages : en
Pages : 281

View

Book Description
Explains the current weakness of democratic polities by addressing paradoxes in constitutional democracy and its theoretical foundations.

Constitutional Democracy in Crisis?

Constitutional Democracy in Crisis? PDF Author: Mark A. Graber
Publisher: Oxford University Press
ISBN: 0190889004
Category : Law
Languages : en
Pages : 352

View

Book Description
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

Democracy in Times of Crises

Democracy in Times of Crises PDF Author:
Publisher: Springer Nature
ISBN: 303097295X
Category : Democracy
Languages : en
Pages : 230

View

Book Description
Inspired by the democratic origins of the Greek naval victory at Salamis, the book discusses the current pressing issues of democracy worldwide. In 12 carefully selected chapters, well-renowned scholars from around the globe discuss topics such as Brexit, Euroscepticism, or the rise of populism. The authors further analyze various aspects of democracy, as well as various types of democratic regimes, such as mixed government, direct democracy, and cases of quasi democracies. While doing so, they relate this discussion to the pivotal question of how the quality of democracy today can be improved, seeking answers and solutions to current pending problems at the global level. This book is the second out of two edited volumes as a sequel of an international academic conference titled Salamis and Democracy: 2500 Years After that took place between October 3rd and October 5th, 2020, on the occasion of the 2500th anniversary of the great historical event of the Battle of Salamis, which saved Greek culture and the newly founded democratic regimes throughout the Hellenic world during the Classical period (508-323 BCE). The book is a must-read for scholars and students of political science, economics, and law, as well as policy-makers interested in a better understanding of democracy, governance, populism, social choice, and constitutional law.

Law as Passion

Law as Passion PDF Author: Miguel Nogueira de Brito
Publisher: Springer Nature
ISBN: 3030635015
Category : Law
Languages : en
Pages : 251

View

Book Description
Inspired by the works of Professor Marcelo Neves, in this book colleagues come together to explore how their research has been influenced by non-European and post-colonial approaches. With a foreword by Karl-Heinz Ladeur, it features essays written by leading scholars in the fields of sociology of law and constitutional theory – including Hauke Brunkhorst, Darío Rodrígues, Kimmo Nuotio and Pablo Holmes. The content is divided into four sections, the first of which, “Law, State, and Global Crisis,” covers topics related to the modern constitutional state, the crisis of global capitalism, and the global rule of law. The second, “Symbolic Constitutionalization,” analyzes challenges to constitutionalism in the “Peripheral Modernity.” The authors in the third section examine how the concept of “Transconstitutionalism” can shed new light on contemporary debates concerning global public law. In turn, the last section of the book, “Systems Theory and Public Law,” addresses systems theory issues in the fields of legal history and administrative law. The book presents a relevant and original discussion encompassing such diverse fields as constitutional theory, international law, systems theory, and sociology of constitutions.

Anti-Constitutional Populism

Anti-Constitutional Populism PDF Author: Martin Krygier
Publisher: Cambridge University Press
ISBN: 1009033344
Category : Law
Languages : en
Pages :

View

Book Description
Around the world, populist parties have sprung up in formerly and formally liberal-democratic polities, challenging their existing political parties and leaders, and frequently overwhelming them. These challenges and successes were rarely predicted, arriving so soon after the wave of liberal democratic and constitutional enthusiasms, proclamations and institution-building which peaked in the 1990s. Bringing together scholars from law, political science and philosophy, this collection explores the character of contemporary populisms and their relationships to constitutional democracy. With contributors from around the world, it offers a diverse range of nuanced perspectives on populism as a global phenomenon. Using comparative and multi-disciplinary techniques, this book considers the specifics and similarities of populisms, and raises general questions about their nature and potential futures.

Peace, Discontent and Constitutional Law

Peace, Discontent and Constitutional Law PDF Author: Martin Belov
Publisher: Routledge
ISBN: 1000385337
Category : Law
Languages : en
Pages : 281

View

Book Description
This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.

Constitutionalism 2030

Constitutionalism 2030 PDF Author: Christoph Bezemek
Publisher: Bloomsbury Publishing
ISBN: 1509942718
Category : Law
Languages : en
Pages : 235

View

Book Description
Constitutionalism is in crisis. And the crisis unfolds not only on a national or a regional level. It is a global phenomenon: Democracy is no longer on the rise, the Rule of Law appears weakened, political cohesion seems to erode. Human Rights Protection finds itself questioned, International Criminal Law struggles for broad recognition, international trade may have lost some of its appeal. Institutional actors find their authority questioned, established political parties are threatened by ever-changing popular movements. But where to does the charted road lead? How will the “Crisis of Constitutionalism” unfold in the years to come? Nobody knows, of course. But at the same time: Nobody is too keen to make an educated guess either. This volume remedies that. By giving nine eminent scholars in law and political science the opportunity to make their predictions, where the constitutionalist project will stand ten years from now, it creates a forum of deliberation that will not only aim at anticipating the developments in question but at the same time shape academic discourse on constitutionalism alongside it.

Eternity Clauses in Democratic Constitutionalism

Eternity Clauses in Democratic Constitutionalism PDF Author: Silvia Suteu
Publisher: Oxford University Press
ISBN: 0198858868
Category : Law
Languages : en
Pages : 338

View

Book Description
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.

The Impact of European Institutions on the Rule of Law and Democracy

The Impact of European Institutions on the Rule of Law and Democracy PDF Author: Matej Avbelj
Publisher: Bloomsbury Publishing
ISBN: 1509915060
Category : Law
Languages : en
Pages : 320

View

Book Description
Since 2010 the European Union has been plagued by crises of democracy and the rule of law, which have been spreading from Central and Eastern Europe (CEE), catching many by surprise. This book argues that the professed success of the 2004 big bang enlargement mirrored the Potemkin villages erected in the new Member States on their accession to Europe. Slovenia is a prime example. Since its independence and throughout the accession process, Slovenia has been portrayed as the poster child of the 'New Europe'. This book claims that the widely shared narrative of the Slovenian EU dream is a myth. In many ways, Slovenia has fared even worse than its contemporary, constitutionally-backsliding, CEE counterparts. The book's discussion of the depth and breadth of the democratic crises in Slovenia should contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE Member States, which threaten the viability of the EU and Council of Europe projects. It is only on the basis of this improved understanding that the crises can be appropriately addressed at national, transnational and supranational levels.

Sociological Constitutionalism

Sociological Constitutionalism PDF Author: Paul Blokker
Publisher: Cambridge University Press
ISBN: 1107124042
Category : Law
Languages : en
Pages : 369

View

Book Description
This landmark book provides the first systematic overview of key research in the sociology of constitutions.