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Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional...
Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. Yet the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre has never been examined accurately and systematically. This volume fills this gap in the literature. To explore the diversity and measure the strength of judicial decisions, the authors have elaborated a new methodology that is intended to give ...
Hungary was once a frontrunner of democratization. However, since Viktor Orbán came to power in 2010, the country has been the subject of critical media coverage and concerns due to illiberal policies and anti-EU rhetoric. The book helps to analyze and evaluate the developments by providing relevant case knowledge. It provides sound insights into Hungary’s system of government, society, parties and media, as well as selected policy areas. It focuses on how different policy areas have been influenced by the EU, traces important lines of development over the past decades, and compares the findings with other states of the region. The authors’ professional expertise and broad knowledge of the political systems of Hungary and Europe provide a well-founded analysis of the developments in the region.
Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.
How did far-right, hateful and anti-democratic ideologies become so successful in many societies in Europe? This volume analyses the paradoxical roles sexual politics have played in this process and reveals that the incoherence and untruthfulness in right-wing populist, ultraconservative and far-right rhetorics of fear are not necessarily signs of weakness. Instead, the authors show how the far right can profit from its own incoherence by generating fear and creating discourses of crisis for which they are ready to offer simple solutions. In studies on Poland, Hungary, Spain, Italy, Austria, Ireland, Northern Ireland, Portugal, France, Sweden and Russia, the ways far-right ideologies travel and take root are analysed from a multi-disciplinary perspective, including feminist and LGBTQI reactions. Understanding how hateful and antidemocratic ideologies enter the very centre of European societies is a necessary premise for developing successful counterstrategies.
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.
Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court’s decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.
Around the world, populist parties have sprung up in formerly and formally liberal-democratic polities, challenging their existing political parties and leaders, and frequently overwhelming them. These challenges and successes were rarely predicted, arriving so soon after the wave of liberal democratic and constitutional enthusiasms, proclamations and institution-building which peaked in the 1990s. Bringing together scholars from law, political science and philosophy, this collection explores the character of contemporary populisms and their relationships to constitutional democracy. With contributors from around the world, it offers a diverse range of nuanced perspectives on populism as a global phenomenon. Using comparative and multi-disciplinary techniques, this book considers the specifics and similarities of populisms, and raises general questions about their nature and potential futures.
This book gives the first comprehensive and theoretically substantiated political science account of the Orbán regime in English. It argues that Viktor Orbán’s regime-building and reconstructive leadership is more than just an example of hybridisation, a successful populist appeal or a backlash against the earlier neoliberal hegemony in Central Europe. It unfolds the major traits of the Orbán regime and argues that it provides a paradigmatic case of the Weberian model of plebiscitary leader democracy (PLD). Beyond explaining the backslide of liberal democracy in Hungary, the book aims at two additional contributions of wider significance. First, by applying the concept of PLD to the Hun...