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Constitutional Identity in a Europe of Multilevel Constitutionalism
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Culture and Human Rights: The Wroclaw Commentaries
The WROCLAW COMMENTARIES address legal questions as well as political consequences related to freedom of, and access to, the arts and (old/new) media; questions of religious and language rights; the protection of minorities and other vulnerable groups; safeguarding cultural diversity and heritage; and further pertinent issues. Specialists from all over Europe and the world summarise and comment on core messages of legal instruments, the essence of case-law as well as prevailing and important dissenting opinions in the literature, with the aim of providing a user-friendly tool for the daily needs of decision or law-makers at different juridical, administrative and political levels as well as others working in the field of culture and human rights.
The Abuse of Constitutional Identity in the European Union
The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the conc...
The Rise of Populist Nationalism
The authors of this book approach the emergence and endurance of the populist nationalism in post-socialist Eastern Europe, with special emphasis on Hungary. They attempt to understand the reasons behind public discourses that increasingly reframe politics in terms of nationhood and nationalism. Overall, the volume attempts to explain how the new nationalism is rooted in recent political, economic and social processes. The contributors focus on two motifs in public discourse: shift and legacy. Some focus on shifts in public law and shifts in political ethno-nationalism through the lens of constitutional law, while others explain the social and political roots of these shifts. Others discuss ...
Transforming Gender Citizenship
Explains the adoption, diffusion of, and resistance to gender quotas in politics, corporate boards and public administration across Europe.
Constitutionalism Under Stress
Constitutionalism under Stress reflects on comparative constitutionalism in Central and Eastern Europe through the lens of leading legal scholar Professor Wojciech Sadurski, whose writings have anticipated and scrutinized the current decline of liberal democracies and populist challenges to the rule of law in the region.Sadurski's work has chronicled the transition from concern for the most basic of human rights under authoritarian rule to the challenges of democratic governance. The compelling rights discourse of an earlier period gave way to claims of abuse of majoritarian prerogatives as the hopes of liberal democracy encountered the power of illiberalism. The theoretical responses offered for the preservation of liberal democracy, in light of the current turbulence regarding the rule of law in the region, produces a far reaching and effective reference tool on matters of constitutional capture and illiberal democracy.
General Principles of Law - The Role of the Judiciary
This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on t...
LGBTQ+ Activism in Central and Eastern Europe
This edited collection offers in-depth perspectives into the emergence and development of LGBTQ+ movements in Central and Eastern Europe, including analysis of Estonia, Hungary, Poland, Romania, Russia and Ukraine. The book examines various issues faced by local LGBTQ+ activists, as well as the tactics and strategies which they develop and adopt. The contributors discuss the applicability of Western ideas and concepts to the post-socialist context, considering their ability to fully tackle local nuances and complexities with regards to sexuality and, thus, the dynamics of LGBTQ+ activism. The volume examines differences in the domestic policies of these countries and the consequent effects on LGBTQ+ activism in the region. It also offers important insights into the impact of Western actors in promoting liberal democratic values in the region, and ensuing political and social backlashes. LGBTQ+ Activism in Central and Eastern Europe will be of interest to students and scholars across a range of disciplines, including Gender and Sexuality Studies, Sociology, Anthropology and Political Science.
Proportionality in Action
A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
European Dispute over the Concept of Man
The book represents original research in a field of study rarely pursued while analysing the intellectual dimensions of disputes over ethically sensitive issues that occur in European Union politics. These disputes are generally analysed at ideological, ethical, economic and interstate levels. However, these references do not suffice in understanding the issue, which is related to a divergent perception of the essence of humanity and thus the subject matter of anthropology. The main research objective of the monograph is therefore to reconstruct the sources and the specific European Union way of thinking about the human being. Methodologically, the book expands the understanding of political...
