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Constitutional Justice under Populism
Features: Since the subject-matter of the volume is by its approach of constitutional change in populism is an unexamined one, neither a monograph nor an edited volume on the effects of populism on a specific legal institution, one already facing different external challenges (financial crisis, migration, security crisis, Covid-19 etc. issues), has been published so far. The book follows a unique approach in the framework of populist constitutionalism studies, because it combines the following features: focuses on one of the greatest contemporary challenges to constitutional democracies; is authored by a pre-eminent scholar of Hungarian law; gives insight into the various problems of constit...
Constitutional Populism
Explores a range of anti-constitutionalist populist regimes, identifying and analysing their causes, characteristics and consequences.
Revolution, Transition, Memory, and Oblivion
This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change.
Before the Holocaust
"Before the Holocaust opens a window on the turbulent history of German Jewry between 1870 and 1939 through three autobiographies: Käte Frankenthal, a physician, health reformer, and social democratic politician from Berlin; Max Moses Polke, a lawyer and Zionist supporter from Breslau; Joseph Benjamin Levy, a teacher and cantor from Frankfurt am Main. These autobiographies reveal some of the lives that were possible for German Jews in the years between the establishment of the Reich in 1871, when they were finally granted full political and civic rights, and the assumption of power by the National Socialists in 1933. They provide insight into the society of Germany during the imperial period and World War I, the unsettled politics and social and economic upheaval of the Weimar years (1919-1933), and the circumstances that led to the rise of the National Socialists. Finally, they chronicle the assault on the Jewish community between 1933 and 1939, a period that paved the way for the systematic genocide that soon followed"--P. [4] of cover.
The Oxford Handbook of Illiberalism
From the rise of populist leaders and the threat of democratic backsliding to polarizing culture wars and the return of great power competition, the backlash against the political, economic, and social liberalism is increasingly labeled "illiberal." Yet, despite the increasing importance of these phenomena, scholars still lack a firm grasp on illiberalism as a conceptual tool for understanding societal transformations. The Oxford Handbook of Illiberalism addresses this gap by establishing a theoretical foundation for the study of illiberalism and showcasing state-of-the-art research on this phenomenon in its varied scripts-political, economic, cultural, and geopolitical. Bringing together the expertise of dozens of scholars, the Oxford Handbook of Illiberalism offers a thorough overview that characterizes the current state of the field and charts a path forward for future scholarship on this critical and quickly developing concept.
Constitutional Politics in Central and Eastern Europe
The contributions to this edited volume discuss constitutional politics in 20 Central and Eastern European countries. The country chapters describe all constitutional amendments and new constitutions after the first post-communist constitution-making, all failed amendment attempts, and the political discourses about constitutional politics. Framed by a broad comparative chapter, the country studies are embedded in the established literature on constitutional politics. The book thus provides a better understanding of constitutional politics in the region and beyond.
Constitutional Revolution
Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a "constitutional moment" may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The "moment" may have been under way for decades--or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.
The Max Planck Handbooks in European Public Law
The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour wi...
Comparative Constitutional Reasoning
A large-scale comparative work of leading cases examines judicial constitutional reasoning in eighteen different legal systems globally.
Constitutional Reasoning in Latin America and the Caribbean
This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dial...
