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Constitutional Sentiments
Constitutional Sentiments provides new insights into the foundations of law, the complexities of legal institutions, and the hidden genealogies of lawmaking. As the book makes clear, constitutions are human creations that embody all aspects of our humanity. It is an example of serious scholarship that will attract readers of all disciplines who have a keen interest in social and political life. --Book Jacket.
Militant Democracy
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
The Constitution of Freedom
Informed by a life lived under the oppressions of communism, ECtHR Judge András Sajó examines the fundamentals of constitutional systems of government, protection from tyranny, and promotion of freedom in this timely and important book.
The Oxford Handbook of Comparative Constitutional Law
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U...
Limiting Government
1.2. Types of Fear
Human Rights with Modesty: The Problem of Universalism
This volume considers the problem of legal universals at the level of the rule of law and human rights, which have fundamentally different pedigrees, and attempts to come to terms with the new unease arising from the universal application of human rights. Given the juridicization of human rights, rule of law and human rights expectations have become significantly intertwined: human rights are enforced with the instruments of the rule of law and are thus limited by the restricted reach thereof. The first section of this volume considers the difficulties of universalistic claims and offers a number of possible solutions for adapting universal expectations to specific contexts. The second secti...
Routledge Handbook of Illiberalism
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.
Rethinking Open Society
The key values of the Open Society – freedom, justice, tolerance, democracy, and respect for knowledge – are increasingly under threat in today’s world. As an effort to uphold those values, this volume brings together some of the key political, social and economic thinkers of our time to re-examine the Open Society closely in terms of its history, its achievements and failures, and its future prospects. Based on the lecture series Rethinking Open Society, which took place between 2017 and 2018 at the Central European University, the volume is deeply embedded in the history and purpose of CEU, its Open Society mission, and its belief in educating skeptical, but passionate citizens.
Political Corruption in Transition
This book is a comparative review of corruption during the transition from Communism. Based on two international conferences at Princeton University and the Central European University, it acts as a guide to the problem of corruption in transition countries. This book represents a realistic view.
Limiting Government
Until the previous decade, constitutionalism in Eastern Europe was considered to be an outmoded concept of the nineteenth century. Changes in the region, however, have brought back the fundamental question of the need to restrict government power through social self-binding. This book discusses the mechanisms of such restriction, including different forms of the separation of powers and constitutional review. It relates the theoretical and practical importance of the issue to the present world-wide discontent with majoritarian democracy and the growing disrepute of parliaments. Increasing executive efficiency is, however, a threat to fundamental rights, and the battlecry of efficiency is oft...
