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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...
Research Handbook on Climate Change Mitigation Law
This meticulously revised second edition provides a comparative overview of climate change mitigation issues and international regulatory approaches, bringing together expert contributors to analyse key sectors such as energy, transport, cities, industry, land use, agriculture and waste.
The Internal Market Ideal
The Internal Market Ideal honours the pathbreaking work of Professor Stephen Weatherill, Jacques Delors Professor of European Law at the University of Oxford since 1998. For more than three decades, Professor Stephen Weatherill has been the dominant figure in internal market debates, shaping the European Union's Internal Market both at Oxford and internationally. Looming large in fields as disparate as consumer protection and sports law, his voice has guided how relevant laws and regulations are understood and how their varying virtues and pitfalls are perceived. A reference to his seminal work The Internal Market as a Legal Concept (OUP, 2016), the present volume is not simply a celebration...
The European Court of Human Rights and Constitutional Courts
This book investigates the relationship between the European Court of Human Rights (ECtHR) and national constitutional courts by providing a more general assessment as seen from the former’s perspective. Adopting an empirical approach, the book reviews all the case law of the ECtHR in which constitutional courts are cited. This represents more than 3,000 rulings spanning more than fifty years, from the establishment of the Strasbourg Court in 1959 – when only three constitutional courts were active – to 1 January 2023, when there were more than thirty active constitutional courts in the Council of Europe’s Member States. This wide-ranging empirical study pursue several different goal...
Eternity Clauses in Democratic Constitutionalism
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanis...
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...
The EU Treaties and Charter of Fundamental Rights: A Commentary
The second edition of The EU Treaties and the Charter of Fundamental Rights: A Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition in 2019. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The fully-updated Commentary considers key developments in all areas of EU law, including the debates and requirements around the Rule of Law, legal decisions in relation to the Covid-19 pandemic, climate change measures such as the Eu...
Rule of Law in Crisis
This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, me...
Secession and European Union Law
Secession is a live issue in today's Western Europe. In the last decade, we have witnessed the consolidation of pro-independence movements in Scotland and Catalonia and in the near future, we might see their re-emergence or the rise of other pro-secession movements in other European regions. The response of the EU institutions to secession within EU Member States may well be based mainly on political considerations. However, since the EU is a community based on the rule of law, it has also to justify its position with normative arguments of principle. Secession and European Union Law provides such normative support, drawing on a pluralist reading of the relation between EU law and national l...
