Download or read book Populist Challenges to Constitutional Interpretation in Europe and Beyond written by Fruzsina Gárdos-Orosz and published by Routledge. This book was released on 2021-05-03 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Download or read book Power to the People written by Mark V. Tushnet and published by Oxford University Press. This book was released on 2021 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Power to the People proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. By providing a series of case studies, some organized by nation, others by topic, the book identifies these populist inconsistencies with constitutionalism-and, importantly, when and how they are not. Opening a dialogue for the possibility of a deeper, populist democracy, the book examines recent challenges to the idea that democracy is agood form of government by exploring possibilities for new institutions that can determine and implement a majority's views without always threatening constitutionalism.

Download or read book The Oxford Handbook of Populism written by Cristóbal Rovira Kaltwasser and published by Oxford University Press. This book was released on 2017 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Populism presents the state of the art of research on populism from the perspective of Political Science. The book features work from the leading experts in the field, and synthesizes the main strands of research in four compact sections: concepts, issues, regions, and normative debates. Due to its breath, The Oxford Handbook of Populism is an invaluable resource for those interested in the study of populism, but also forexperts in each of the topics discussed, who will benefit from accounts of current discussions and research gaps, as well as a map of new directions in the study of populism.

Download or read book Constitutional Justice under Populism written by Fruzsina Gárdos-Orosz and published by Kluwer Law International B.V.. This book was released on 2024-03-19 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 constitutional review, the transformation of the institution by constitution-making and legislation and its legal practice; and contributes to the theories of and knowledge on the impacts of external challenges, especially those created by political systems, on the constitution and law by focusing on studying the transformation of the Hungarian Constitutional Court. it provides additional information with high contextual value to the book edited by the author: Fruzsina Gárdos-Orosz, together with Kinga Zakariás, entitled: 30 Years of jurisprudence of the Hungarian Constitutional Court 1990-2020 (Nomos Verlag, Baden-Baden, 2022). Benefits: Because of the uniqueness of the topic of the book, its target group includes scholars and practitioners from all over the world who are interested in populism studies, comparative constitutional systems, and especially in Hungarian law and jurisprudence, as well as constitutional review. It will be an important reference, as it gives insight into the Hungarian ways of the legal treatment of the most urgent present-day challenges in the framework of populist constitutionalism. Both the various patterns of responding to the modern challenges and their analyses provided by this book should stimulate intensive academic discussion. University students of faculties of law and political science can also be interested in this book. Furthermore, judges, especially judges of constitutional courts and supreme courts could also be a target audience of the proposed book, due to the extensive relevance of the judicial dialogue in contemporary jurisprudence. Shared knowledge about the new methods of studying populist change, legislation and the reaction of the courts to it may be of wide interest. Keywords: constitutional review, constitutional justice in Hungary, Hungarian constitutional law, populism and courts, populism, illiberal democracy, Hungarian Constitutional Court, comparative constitutional review Author: Fruzsina GÁRDOS-OROSZ Fruzsina Gárdos-Orosz is director and research professor of the Institute for Legal Studies, Centre for Social Sciences and also professor of public law at the ELTE Law School in Budapest. She worked at the Hungarian Constitutional Court between 2003-2007 and 2010-2014 as law clerk in different positions. She has published extensively on the development of the Hungarian constitutional system, the constitutional complaint procedure and on the competence of the Constitutional Court. She has over 150 publications in Hungarian, English and French on the rule of law and the separation of powers, with regard to judicial review and the protection of human rights. https://jog.tk.hu/kutato/gardos-orosz-fruzsina

Download or read book Italian Populism and Constitutional Law written by Giacomo Delledonne and published by Springer Nature. This book was released on 2020-02-25 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative.

Download or read book Populism and Civil Society written by Andrew Arato and published by Oxford University Press. This book was released on 2021 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Populism : why and why now? -- Populism as mobilization and as a party -- Populist governments and their logic -- Populism and constitutionalism -- Alternatives to populism.

Download or read book Populist Constitutionalism and Illiberal Democracies written by Martin Belov and published by . This book was released on 2021 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a topical study of populist constitutionalism and illiberal democracies, exploring their roots in constitutional imagination as well as their normative entrenchment and performance in political reality. It provides insightful analysis of republican constitutionalism, focusing on the role of people in radical democracy and revolutionary constitutional reform. Furthermore, the outlook, adequacy and performance of constitutional principles in times of democratic ruptures are assessed. The contributors examine the rise of populist constitutionalism and the main trends that have led to the current, ongoing crises in liberal democracy. The book includes original analyses of populist constitutionalism from the viewpoint of emotions and constitutional imagination, as well as a special chapter devoted to the challenges posed to constitutional democracy by COVID-19. Combining theoretical contributions, comparative typologies and important case studies, the spread of populism and illiberal democracy in Europe is critically explored. Populist Constitutionalism and Illiberal Democracies is a timely contribution to the lively discussion surrounding constitutional law, comparative constitutional law, comparative constitutionalism and political science regarding the rise and spread of illiberal democracies, authoritarian political regimes and revolutionary, radical democratic and populist constitutionalism. With contributions by Martin Belov (University of Sofia 'St. Kliment Ohridski'), Agnieszka Bien-Kacala (Nicolaus Copernicus University in Torun), Paul Blokker (University of Bologna), Monica Bonini (Università degli Studi di Milano-Bicocca), Carlo Alberto Ciaralli (University 'G. d'Annunzio' of Chieti-Pescara), Eoin Daly (National University of Ireland), Gianmario Demuro (University of Cagliari), Tímea Drinóczi (University of Pécs), Wojciech Engelking (University of Warsaw), Angela Di Gregorio (University of Milano), Marcin Kilanowski (Nicolaus Copernicus University in Torun), Zoltán Pozsár-Szentmiklósy (ELTE Eötvös Loránd University), Przemyslaw Tacik (Jagiellonian University of Kraków), Anna Tarnowska (Nicolaus Copernicus University in Torun), Zoltan J. Toth (Károli Gáspár University), Julia Wesolowska (Jagiellonian University of Kraków) and Wojciech Wloch (Nicolaus Copernicus University in Torun).

Download or read book A Pluralist Theory of Constitutional Justice written by Michel Rosenfeld and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal constitutionalism has come under sharp attack as globalization led to a confluence of huge disparities in wealth, identity-based alienation triggered by mass migration, and accompanying erosions of democracy. Liberal constitutionalism has also been challenged by illiberal populists who have adapted its framework to mask their aim to subvert its core values. These developments bring the nexus between the constitution and justice to the fore, and in particular that concerning distributive justice in its three dimensions of redistribution, recognition, and representation. The book provides a systematic account of the central role of distributive justice in the normative legitimation of liberal constitutions. Because what distributive justice requires is highly contested and constitutions are supposed to be susceptible of garnering a consensus among those they govern, constitutions only ought to guarantee essential but limited aspects of justice. Drawing on Rawls' insight that distributive justice calls for "constitutional essentials," the book advances the thesis that liberal constitutions must incorporate certain "justice essentials." The book is divided into three parts. Part I examines the combination of current legal, economic, political, and ideological developments that pose challenges to the normative viability of liberal constitutionalism. Part II offers a rereading of the relevant philosophical and jurisprudential literature that sheds crucial theoretical light on the relationship between constitution and justice. This rereading draws on key figures in both the analytic and the continental traditions. Finally, Part III makes the case for a thoroughly pluralistic approach being optimal in the quest for a constitution's justice essentials.

Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.

Download or read book Populism and Contemporary Democracy in Europe written by Josep Maria Castellà Andreu and published by Springer Nature. This book was released on 2022-04-12 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 empirical analysis, the contributions focus on the institutions that have suffered the most from the rise of populism as well as those that have better resisted the populist tide. Special attention will be paid to the Venice Commission’s opinions and documents, as they represent the best European standards to evaluate the extent to which populism deviates from constitutional democracy requirements. The book also considers the responses of European States to the explosion of the COVID-19 pandemic. The COVID-19 pandemic has indeed been an accelerator of known and studied trends in most constitutional systems, such as the concentration of powers in the executive hands and the consequential loss of parliament's centrality. Various forms of populism across Europe have thus found an ideal breeding ground to implement their agenda of granting the executive broad regulatory and decision-making powers while loosening parliamentary and judicial checks. Against this backdrop, the book analyses how European democracies should adapt to the challenges posed by the pandemic, as this reflection can help respond to populist threats and propose a way forward for liberal democracy.

Download or read book Here the People Rule written by Richard Davies Parker and published by . This book was released on 1994 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provocative in style and substance, Parker's manifesto challenges orthodoxies of constitutional legal studies, particularly the idea that constitutionalism and populist democracy stand opposed. He contends that constitutional law should promote, not limit, the expression of ordinary political energy--to extend, rather than constrain, majority rule.

Download or read book Anti Constitutional Populism written by Martin Krygier and published by Cambridge University Press. This book was released on 2022-03-31 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Democracy Unmoored written by SAMUEL. ISSACHAROFF and published by Oxford University Press. This book was released on 2023 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: "About a decade ago, I found myself alone for dinner one evening in Buenos Aires, the city of my birth. I had a lecture to give the next day and I had reserved the time alone to prepare over dinner in a typical neighborhood restaurant. Such a "boliche," in the local porteño slang, was a comfortable setting to have a meal. I sat down with typical Argentine fare and the inescapable good wine and turned to my lecture materials. I soon found myself distracted by an excellent soccer match shown on a large screen tv that had been brought in for the occasion. A couple of glasses of tinto, the reds of Mendoza province, and a close football game, and I accepted that lecture preparation was concluded"--

Download or read book Judicial Activism in an Age of Populism written by Sonja Grover and published by Taylor & Francis. This book was released on 2023-03-31 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.

Download or read book How to Save a Constitutional Democracy written by Tom Ginsburg and published by University of Chicago Press. This book was released on 2018-10-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: We can’t afford to be complacent any more: “A formidable book . . . extremely rich in historical examples, case studies, and quantitative data.” —International Journal of Constitutional Law Democracies are in danger. Around the world, a wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump marks a decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Many think the Constitution will safeguard us from lasting damage. But is that assumption justified? Drawing on an array of other countries’ experiences, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality, they contend, is that the US Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court to conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better, and the authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk. “This book makes a huge contribution to our understanding of how democracies erode and what institutional reforms would make it harder for authoritarian populists to entrench their power.” —Yascha Mounk, author of The People vs. Democracy “Whereas other recent books on the crisis of American democracy focus on what has gone wrong, Ginsburg and Huq provide us with clear-eyed proposals—including some bold constitutional reforms—for how to fix it.” —Steven Levitsky, New York Times–bestselling coauthor of How Democracies Die

Download or read book European Populism and Human Rights written by Jure Vidmar and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A definition of Europe can be geographic, historic, political and/ or legal. This book understands Europe as Member States of the Council of Europe and thus states party to the European Convention of Human Rights (echr, the Convention). Unlike the European Union (EU), the Council of Europe was explicitly created with the aim of human rights protection.1 At present, it has forty- seven Member States which are ipso facto party to the echr"--