Democratic Crisis and Global Constitutional Law

Democratic Crisis and Global Constitutional Law PDF Author: Christopher J. Thornhill
Publisher:
ISBN: 9781108865869
Category : Democracy
Languages : en
Pages :

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Book Description
"The model of political order known as democracy has developed around the assumption that the exercise of political power becomes legitimate when a political system institutionalizes procedures for the equal representation of members of the population that is subject to it. On this basis, the essential indicator of democratic legitimacy is that a political system expresses the principle of popular sovereignty, and political systems are considered legitimate to the extent that they give effect to the sovereign will of the people. This construction of the legitimate political system first became widespread in the constitutional revolutions that occurred in Europe and America at the end of the eighteenth century. After this time, decisions of the sovereign people were posited as the essential legitimational foundation of government, forming the primary source of binding legal and political norms in a given polity"--

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 : 250

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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."

Peace, Discontent and Constitutional Law

Peace, Discontent and Constitutional Law PDF Author: Martin Belov
Publisher: Routledge
ISBN: 1000385272
Category : Law
Languages : en
Pages : 270

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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.

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.

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 : 336

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Book Description
This monograph examines unamendable provisions of constitutions, known as eternity clauses, and the challenges they present to democratic constitutionalism. The book explores the role of eternity clauses in constitution-making, constitutional adjudication, and constitutional reform and posits an ambiguous legacy for eternity clauses.

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.

Constitutions in the Global Financial Crisis

Constitutions in the Global Financial Crisis PDF Author: Xenophon Contiades
Publisher: Routledge
ISBN: 1317161610
Category : Law
Languages : en
Pages : 316

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Book Description
This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume’s extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.

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.

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.

Democratic Crisis and Global Constitutional Law

Democratic Crisis and Global Constitutional Law PDF Author: Christopher J. Thornhill
Publisher:
ISBN: 9781108865869
Category : Democracy
Languages : en
Pages :

View

Book Description
"The model of political order known as democracy has developed around the assumption that the exercise of political power becomes legitimate when a political system institutionalizes procedures for the equal representation of members of the population that is subject to it. On this basis, the essential indicator of democratic legitimacy is that a political system expresses the principle of popular sovereignty, and political systems are considered legitimate to the extent that they give effect to the sovereign will of the people. This construction of the legitimate political system first became widespread in the constitutional revolutions that occurred in Europe and America at the end of the eighteenth century. After this time, decisions of the sovereign people were posited as the essential legitimational foundation of government, forming the primary source of binding legal and political norms in a given polity"--

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 : 250

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."

Peace, Discontent and Constitutional Law

Peace, Discontent and Constitutional Law PDF Author: Martin Belov
Publisher: Routledge
ISBN: 1000385272
Category : Law
Languages : en
Pages : 270

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.

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.

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 : 336

View

Book Description
This monograph examines unamendable provisions of constitutions, known as eternity clauses, and the challenges they present to democratic constitutionalism. The book explores the role of eternity clauses in constitution-making, constitutional adjudication, and constitutional reform and posits an ambiguous legacy for eternity clauses.

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.

Constitutions in the Global Financial Crisis

Constitutions in the Global Financial Crisis PDF Author: Xenophon Contiades
Publisher: Routledge
ISBN: 1317161610
Category : Law
Languages : en
Pages : 316

View

Book Description
This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume’s extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.

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.

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.