Share

Populist Challenges to Constitutional Interpretation in Europe and Beyond

2021-05-03 Business & Economics
Download Populist Challenges to Constitutional Interpretation in Europe and Beyond PDF Online Free

Author :
Release : 2021-05-03
Genre : Business & Economics
Kind : eBook
Book Rating : 228/5 ( reviews)

GET EBOOK


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. This book was released on 2021-05-03. 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.

The People’s Constitution

2024-11-27 Law
Download The People’s Constitution PDF Online Free

Author :
Release : 2024-11-27
Genre : Law
Kind : eBook
Book Rating : 885/5 ( reviews)

GET EBOOK


Book Synopsis The People’s Constitution by : Akritas Kaidatzis

Download or read book The People’s Constitution written by Akritas Kaidatzis. This book was released on 2024-11-27. Available in PDF, EPUB and Kindle. Book excerpt: The book explores in both theory and practice the challenges that various forms of populism pose to the dominant understandings of democratic representation and liberal constitutionalism. The volume brings together conceptual, analytical, and empirical dimensions of the relationship between populism and constitutional democracy. Moving beyond the dominant depiction of populism as “anti-pluralist”, scholars of legal and political theory, both well-known and early career researchers, discuss the paradoxes of constitutional democracy that populism brings to the surface, the complex role of the judiciary both as an enemy and as a potential ally of populism, the relationship between economic power and populism and ultimately the impasses of liberalism that populism forces us to revisit. These are highly topical issues that they have not been sufficiently explored in the literature. A significant asset of the volume is that it includes chapters on empirical studies from under-explored cases such as Southern Europe and the Balkans. Thus, the volume poses an original contribution to the existing literature on constitutional populism. Its originality along with the high quality of the research will make this book necessary for any constitutional and political theorist who aims to delve into the relationship between constitutionalism and populism.

Populism and Contemporary Democracy in Europe

2023-04-27 Political Science
Download Populism and Contemporary Democracy in Europe PDF Online Free

Author :
Release : 2023-04-27
Genre : Political Science
Kind : eBook
Book Rating : 865/5 ( reviews)

GET EBOOK


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. This book was released on 2023-04-27. 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.

Constitutionalism beyond Liberalism

2017-01-26 Law
Download Constitutionalism beyond Liberalism PDF Online Free

Author :
Release : 2017-01-26
Genre : Law
Kind : eBook
Book Rating : 089/5 ( reviews)

GET EBOOK


Book Synopsis Constitutionalism beyond Liberalism by : Michael W. Dowdle

Download or read book Constitutionalism beyond Liberalism written by Michael W. Dowdle. This book was released on 2017-01-26. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.

Populist Constitutionalism and Illiberal Democracies

2021 Democracy
Download Populist Constitutionalism and Illiberal Democracies PDF Online Free

Author :
Release : 2021
Genre : Democracy
Kind : eBook
Book Rating : 399/5 ( reviews)

GET EBOOK


Book Synopsis Populist Constitutionalism and Illiberal Democracies by : Martin Belov

Download or read book Populist Constitutionalism and Illiberal Democracies written by Martin Belov. This book was released on 2021. 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).

You may also like...