Rule of Law vs Majoritarian Democracy (Paperback, NIPPOD)

What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation.

General

Imprint:	Hart Publishing
Country of origin:	United Kingdom
Release date:	March 2023
Editors:	Giuliano Amato • Benedetta Barbisan • Cesare Pinelli
Dimensions:	234 x 156 x 25mm (L x W x T)
Format:	Paperback
Pages:	512
Edition:	NIPPOD
ISBN-13:	978-1-5099-4837-6
Categories:	Books > Law > Jurisprudence & general issues > Comparative law Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General Books > Social sciences > Politics & government > Political control & freedoms > Human rights > General
LSN:	1-5099-4837-6
Barcode:	9781509948376

Is the information for this product incomplete, wrong or inappropriate? Let us know about it.

Does this product have an incorrect or missing image? Send us a new image.

Is this product missing categories? Add more categories.

Review This Product

No reviews yet - be the first to create one!