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The Far Right in Greece and the Law
This book critically evaluates the rise of the far-right in Greece, detailing the legal context in which to understand both the emergence of Golden Dawn, the far-right’s largest grouping, and the 2020 court decision, in which it was deemed to be a criminal organisation. Golden Dawn was a political party which, for years, also functioned as a violent subculture movement, with limited to no interference by the state. This book sets out the background to its rise in Greece, tracing its development from the post-Junta era. At the same time, the book provides an assessment of the legal framework within which the far-right has operated, and the legal tools available to tackle it – including cr...
Democracy despite Itself
Recent developments, including anti-democratic moves by governments in Hungary, India, and Turkey and the rise of populist leaders, demonstrate the threat posed to democratic values by legal revolution and other acts committed within the confines of the system. Militant democracy, a form of constitutional entrenchment, can protect these values from the harmful influence of illiberal regimes. However, critics and proponents alike wonder whether these tactics risk undermining democracy in the process of trying to save it. Democracy despite Itself advances a liberal normative theory of militant democracy by combining American philosopher John Rawls' political liberalism with German jurist Carl ...
Research Handbook on the Politics of Constitutional Law
This Research Handbook deals with the politics of constitutional law around the world, using both comparative and political analysis, delivering global treatment of the politics of constitutional law across issues, regions and legal systems. Offering an innovative, critical approach to an array of key concepts and topics, this book will be a key resource for legal scholars and political science scholars. Students with interests in law and politics, constitutions, legal theory and public policy will also find this a beneficial companion.
Risk and Responsibility in Context
This volume bridges contemporary philosophical conceptions of risk and responsibility and offers an extensive examination of the topic. It shows that risk and responsibility combine in ways that give rise to new philosophical questions and problems. Philosophical interest in the relationship between risk and responsibility continues to rise, due in no small part to environmental crises, emerging technologies, legal developments, and new medical advances. Despite such interest, scholars are still working out how to conceive of the links between risk and responsibility, the implications that risks may have to conceptions of responsibility (and vice versa), as well as how such theorizing might ...
Protecting Democracy in Europe
Why has the European Union failed to combat rising authoritarianism within its own ranks? And how can it defend democratic governance inside member countries?
The Significance of Borders
This book explains why supranationalism and multiculturalism are in fact irreconcilable with representative government and the rule of law. It challenges one of the most central beliefs in contemporary legal and political philosophy, which is that borders are bound to disappear.
The Far-Right in International and European Law
Since the Second World War, the international community has sought to prevent the repetition of destructive far-right forces by establishing institutions such as the United Nations and by adopting documents such as the Universal Declaration of Human Rights. Jurisprudence and conventions directly prohibit far-right speech and expression. Nevertheless, recently, violent far-right entities, such as Golden Dawn of Greece, have received unprecedented electoral support, xenophobic parties have done spectacularly well in elections; and countries such as Hungary and Poland are being led by right-wing populists who are bringing constitutional upheaval and violating basic elements of doctrines such as...
Why Neo-Militant Democracies Endure
This book examines how contemporary militant democracies persist in the face of authoritarian abuses occurring during times of crisis. Focusing on founding members of the European Union, it explores how these democracies implemented anti-democratic measures without compromising their political rights and civil liberty ratings. By expanding the conceptual framework and theory of neo- and quasi-militant democracies through case studies and comparative analysis, the volume offers new insights into factors contributing to democratic endurance. Respective authors shift scholarly attention toward the epistemic construction of anti-democratic restrictions, arguing that epistemic fairness in definin...
The Open Society and Its Animals
This book is an interdisciplinary study centred on the political and legal position of animals in liberal democracies. With due concern for both animals and the sustainability of liberal democracies, The Open Society and Its Animals seeks to redefine animals’ political-legal position in the most successful political model of our time. Advancements in modern science point out that many animals are sentient and that, like humans, they have certain elementary interests. The revised perception of animals as beings with elementary interests raises questions concerning the liberal democratic institutional framework: does a liberal democracy have a responsibility towards the animals on its territory, and if so, what kind? Do animals need legal animal rights and lawyers to represent them in court, and should they also be represented in parliament? And how much change of this kind could a liberal democracy really endure? Vink addresses these and other pressing questions relating to the political and legal position of animals in this persuasive and authoritative work, compelling us to reconsider the relationship between the open society and the animals in it.
Lawfare
This book develops a new conceptualisation of lawfare that recognises the polysemantic nature of the term. Drawing on theoretical developments from legal anthropology, international relations, and social theory, the book scrutinises the multiple dimensions of this phenomenon. It illustrates the multifaceted character of lawfare with a wide range of historical and contemporary cases from across the globe and analyses the implications of actors pursuing political objectives through legal means. This includes the use of lawfare by states as a legal instrument to accomplish geopolitical objectives, domestic lawfare, or the use of legal instruments to undermine internal opposition, and state lawf...
