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How have the arrangements in European countries regarding the functioning of justice changed in the period of the COVID-19 pandemic? Will the solutions implemented in various countries in the context of the COVID-19 pandemic last and find their place in the legal systems of these countries for a longer period of time? The contributors analyse this in four thematic blocks: The first refers to the impact of COVID-19 on the administration and technical functioning of the judiciary, including international courts. The second part focuses on the impact of COVID-19 on the model of civil procedure, including the effects on general and structural principles such as the principle of openness, writing and oral proceedings, the principle of consistency of panels of judges as well as digitalization. The third refers to the impact of COVID-19 on criminal proceedings. And the last one deals with the impact of COVID-19 on the administrative proceedings.
"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 con...
The Czech Yearbooks Project, for the moment made up of the Czech Yearbook of International Law® and the Czech (& Central European) Yearbook of Arbitration®, began with the idea to create an open platform for presenting the development of both legal theory and legal practice in Central and Eastern Europe and the approximation thereof to readers worldwide. This platform should serve as an open forum for interested scholars, writers, and prospective students, as well as practitioners, for the exchange of different approaches to problems being analyzed by authors from different jurisdictions, and therefore providing interesting insight into issues being dealt with differently in many different...
The national-conservative government of Hungary has been heavily criticised for its violation of EU values, primarily, the rule of law in recent years. This book looks to the bigger picture in examining the rule-of-law debate between Hungary and the EU. It explores how certain elements of various Hungarian constitutional reforms are interrelated and how the EU has failed to address the situation properly. It is argued here that the reason the EU has been unable to enforce its values effectively in Hungary stems from the misunderstanding that Hungary kept the institutional design of liberal democracy but made it dysfunctional. The debate with the EU is characterised as a dialogue of the deaf as the EU insists on advancing the rule-of-law agenda, while the Hungarian government defends itself by alluding to its democratic legitimacy. The author contends that the Hungarian government is in fact playing a charade, while the actions of the EU maintain this drama. The book will be of interest to students, academics, and policymakers working in the areas of constitutional law and politics, EU law, and populism.
Problematyka monografii dotyczy (...) kwestii kluczowych z punktu widzenia społeczeństwa oraz jakości jego instytucji. Kwestie dostępu do prawa były rzadko podejmowane przez polskich socjologów prawa, w odróżnieniu od socjologów ze Stanów Zjednoczonych i Europy Zachodniej, gdzie stanowiły one, i nadal stanowią, ważny przedmiot badań empirycznych i debaty teoretycznej, co z kolei stanowi impuls dla rozwoju socjologii prawa jako dziedziny nauki. Ponadto recenzowana monografia w sposób niezwykle obszerny i rzetelny przedstawia całość dorobku zagranicznego oraz polskiego i jest przykładem twórczej analizy tego dorobku, opartej na istotnych kompetencjach – teoretycznych i em...
In the past decade the Rule of Law developments in the world have become contentious; its idea, concept, and global implementation have met growing resistance, which may soon shift the global balance of power, prompting international crisis. This book offers insights into the globally relevant Rule-of-Law ramifications for human rights, constitutional law, and philosophy of law in the time of such considerable challenges to it. From this legal perspective, the contributors analyze the questions of independence of judiciary, liberal education, freedom of mass media; populism, and corruption. They discuss global civic education, enhanced social inclusion, violence prevention, restorative justice and other methods of civic participation that can create larger opportunities for freedom in a UN world and help overcome increased ideological division between global North and South.
Esta obra buscar ser un insumo para el estudio de los alcances de la independencia judicial en el mundo actual, especialmente de cara a los desafíos que esta enfrenta. Para dicho fin la obra se divide en las siguientes secciones: (1) independencia judicial, división de poderes y organización judicial; (2) independencia judicial, discrecionalidad judicial ‒ decisión judicial y prueba; (3) independencia judicial y género, (4) independencia judicial y revolución tecnológica; (5) independencia judicial y medio ambiente. Así, el libro se compone de rigurosos estudios que buscan aportar a conocer mejor la importancia de la independencia judicial en su faceta actual, así como la búsqueda de soluciones para los riesgos a los que se enfrenta.
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.
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.