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Rule of Law in Crisis
  • Language: en

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. It 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.

Courts and Judicial Activism under Crisis Conditions
  • Language: en
  • Pages: 332

Courts and Judicial Activism under Crisis Conditions

  • Categories: Law
  • Type: Book
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  • Published: 2021-09-22
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  • Publisher: Routledge

This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalis...

Territorial Politics and Secession
  • Language: en
  • Pages: 316

Territorial Politics and Secession

This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.

Peace, Discontent and Constitutional Law
  • Language: en
  • Pages: 294

Peace, Discontent and Constitutional Law

  • Categories: Law
  • Type: Book
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  • Published: 2021-05-24
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  • Publisher: Routledge

This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents ...

The IT Revolution and its Impact on State, Constitutionalism and Public Law
  • Language: en
  • Pages: 341

The IT Revolution and its Impact on State, Constitutionalism and Public Law

  • Categories: Law

What is the future of constitutionalism, state and law in the new technological age? This edited collection explores the different aspects of the impact of information and technology revolution on state, constitutionalism and public law. Leading European scholars in the fields of constitutional, administrative, financial and EU law provide answers to fascinating conceptual questions including: - What are the challenges of information and technological revolution to sovereignty? - How will information and technology revolution impact democracy and the public sphere? - What are the disruptive effects of social media platforms on democratic will-formation processes and how can we regulate the democratic process in the digital age? - What are the main challenges to courts and administrations in the algorithmic society? - What is the impact of artificial intelligence on administrative law and social and health services? - What is the impact of information and technology revolution on data protection, privacy and human rights?

Territorial Politics and Secession
  • Language: en
  • Pages: 315

Territorial Politics and Secession

This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.

Courts, Politics and Constitutional Law
  • Language: en
  • Pages: 189

Courts, Politics and Constitutional Law

  • Categories: Law
  • Type: Book
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  • Published: 2019-10-16
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  • Publisher: Routledge

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Territorial Politics and Secession
  • Language: en

Territorial Politics and Secession

  • Type: Book
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  • Published: 2021
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  • Publisher: Unknown

This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics. Dr. Martin Belov is Professor in Constitutional and Comparative Constitutional Law at the University of Sofia 'St. Kliment Ohridski', Faculty of Law. He is vice dean of the same faculty. Martin Belov is also adjunct professor at the University Roma Tre (Rome, Italy) and visiting professor in many European universities.

Global Governance and Its Effects on State and Law
  • Language: en

Global Governance and Its Effects on State and Law

The book is devoted to the effects of globalisation and global governance on the state, law and society. It provides a multidiscoursive analysis that challenges the traditional constitutional and political concepts with view to their structural and functional changes produced by the emergence of supranational constitutionalism and decision making.

Constitutional Semiotics
  • Language: en
  • Pages: 368

Constitutional Semiotics

  • Categories: Law

This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitut...