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Rule of Law, Common Values, and Illiberal Constitutionalism - Poland and Hungary within the European Union (Hardcover)
Loot Price: R3,880
Discovery Miles 38 800
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Rule of Law, Common Values, and Illiberal Constitutionalism - Poland and Hungary within the European Union (Hardcover)
Series: Comparative Constitutional Change
Expected to ship within 12 - 17 working days
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This book challenges the idea that the Rule of Law is still a
universal European value given its relatively rapid deterioration
in Hungary and Poland, and the apparent inability of the European
institutions to adequately address the illiberalization of these
Member States. The book begins from the general presumption that
the Rule of Law, since its emergence, has been a universal European
value, a political ideal and legal conception. It also acknowledges
that the EU has been struggling in the area of value enforcement,
even if the necessary mechanisms are available and, given an
innovative outlook and more political commitment, could be
successfully used. The authors appreciate the different approaches
toward the Rule of Law, both as a concept and as a measurable
indicator, and while addressing the core question of the volume,
widely rely on them. Ultimately, the book provides a snapshot of
how the Rule of Law ideal has been dismantled and offers a theory
of the Rule of Law in illiberal constitutionalism. It discusses why
voters keep illiberal populist leaders in power when they are
undeniably acting contrary to the Rule of Law ideal. The book will
be of interest to academics and researchers engaged with the
foundational questions of constitutionalism. The structure and
nature of the subject matter covered ensure that the book will be a
useful addition for comparative and national constitutional law
classes. It will also appeal to legal practitioners wondering about
the boundaries of the Rule of Law.
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