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The Rule of Crisis
This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom. The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world. The contributors first criticize the idea of these legislations. They then go on to de...
Judicial Activism in an Age of Populism
This book explores the range of meanings attributed to the terms ‘judicial activism’ and ‘populism’ in contemporary times and examines the potential interplay between these two phenomena. Drawing upon various political examples, it discusses the implication of populist movements for democratic institutions, policies, and processes. The chapters in this volume examine the impact of populism on judicial decision-making in various socio-cultural contexts. The contributing authors explore the implications of populist beliefs, including those which promote anti-democratic perspectives, on the integrity, independence, and the role of the judiciary in a democratic society. This volume offers unique international perspectives on the concern that populist initiatives may be and continue to be a threat to democratic foundational values and principles. Judicial Activism in an Age of Populism will be a beneficial read for students of Politics, Sociology, Public Administration and Management, and Law and Society. It was originally published as a special issue of The International Journal of Human Rights.
Challenges to EU Values in Hungary
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 contents 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.
Poland's Constitutional Breakdown
Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy?
Routledge Handbook of Comparative Constitutional Change
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and dem...
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...
Far-Right Newspeak and the Future of Liberal Democracy
This book is the first systematic, multicountry exploration of far-right Newspeak. The contributors analyze the ways in which contemporary far-right politicians, intellectuals, and pundits use and abuse traditional liberal concepts and ideas to justify positions that threaten democratic institutions and liberal principles. They explore cases of both far-right and right-wing thought in eastern and western Europe, the United States, and Canada. Subjects include well-known figures, such as Marine Le Pen, Tucker Carlson, Peter Thiel, Nick Griffin, Thierry Baudet, Jordan Peterson, Russell Brand, and Viktor Orbán, and lesser-known names, such as the Czech politician Tomio Okamura and the Internet...
Human Rights in a Time of Populism
Leading experts examine the threats posed by populism to human rights and the international systems and explore how to confront them.
Constitutional Populism
Explores a range of anti-constitutionalist populist regimes, identifying and analysing their causes, characteristics and consequences.
EU Law in Populist Times
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
