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Rule of Law vs Majoritarian Democracy
  • Language: en
  • Pages: 425

Rule of Law vs Majoritarian Democracy

  • Categories: Law

What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and th...

Human Dignity and Democracy in Europe
  • Language: en
  • Pages: 288

Human Dignity and Democracy in Europe

  • Categories: Law

This collection identifies and discuss the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into the uses of human dignity to promote and challenge ideas of identity and solidarity.

Populism and Contemporary Democracy in Europe
  • Language: en
  • Pages: 341

Populism and Contemporary Democracy in Europe

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 empiri...

Diritto pubblico
  • Language: it
  • Pages: 517

Diritto pubblico

  • Categories: Law
  • Type: Book
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  • Published: 2018
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  • Publisher: Unknown

None

Power to the People
  • Language: en
  • Pages: 297

Power to the People

  • Categories: Law

Power to the People proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. By providing a series of case studies, some organized by nation, others by topic, the book identifies these populist inconsistencies with constitutionalism-and, importantly, when and how they are not. Opening a dialogue for the possibility of a deeper, populist democracy, the book examines recent challenges to the idea that democracy is agood form of government by exploring possibilities for new institutions that can determine and implement a majority's views without always threatening constitutionalism.

Europe of Rights: A Compendium on the European Convention of Human Rights
  • Language: en
  • Pages: 690

Europe of Rights: A Compendium on the European Convention of Human Rights

  • Categories: Law

This book is a systematic commentary on half a century of case law on the Convention system made by a group of legal experts from various universities and legal disciplines. It provides a guide of the rights protected under ECHR as well as a better understanding, open to supranational scenarios, of fundamental rights in the respective Constitutions. Our intention is not only to make available a mere case law commentary. This work indeed offers succinct information on the most consolidated lines of case law and this is probably where it is most useful. Nevertheless there is also academic reflection, which we believe is nowadays essential as Europe is becoming more than a continent: it is, above all, a civilisation, with a common language of rights, a developing ius commune.

The Oxford Handbook of Comparative Constitutional Law
  • Language: en
  • Pages: 1981

The Oxford Handbook of Comparative Constitutional Law

  • Categories: Law
  • Type: Book
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  • Published: 2012-05-17
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  • Publisher: OUP Oxford

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...

Routledge Handbook of Constitutional Law
  • Language: en
  • Pages: 733

Routledge Handbook of Constitutional Law

  • Categories: Law
  • Type: Book
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  • Published: 2013-06-26
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  • Publisher: Routledge

The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One...

Handbook of Federal Countries, 2005
  • Language: en
  • Pages: 483

Handbook of Federal Countries, 2005

Unique in its timely scope and depth, this volume begins with a foreword by Forum President Bob Rae that reflects on the importance of the federal idea in the contemporary world and provides an excellent introduction to federalism. New comparative chapters examine the recent draft constitutional treaty in Europe and the possibility of federalism being adopted in two countries with longstanding violent conflicts - Sri Lanka and Sudan.

Imperfect Democracies
  • Language: en
  • Pages: 253

Imperfect Democracies

  • Type: Book
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  • Published: 2021-05-20
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  • Publisher: ECPR Press

This book re-examines what democracy is, in the context of democratic disenchantment and surge of support for populist parties, in most, if not all, democratic systems. It argues that these popular protests and claims are not by themselves anti-democratic but they are manifestations of a fundamental misunderstanding about what democracy is and can be. The starting point is to underline that all democracies are the result of an historical ‘bricolage’ where many heterogeneous components have been included over time and space, becoming part and parcel of what constitutes a democratic system, even when these foreign elements are literally anti-democratic, in the proper sense of the term. Lib...