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There is widespread agreement that democracy today faces
unprecedented challenges. Populism has pushed governments in new
and surprising constitutional directions. Analysing the
constitutional system of illiberal democracies (from Venezuela to
Poland) and illiberal phenomena in 'mature democracies' that are
justified in the name of 'the will of the people', this book
explains that this drift to mild despotism is not authoritarianism,
but an abuse of constitutionalism. Illiberal governments claim that
they are as democratic and constitutional as any other. They also
claim that they are more popular and therefore more genuine because
their rule is based on conservative, plebeian and 'patriotic'
constitutional and rule of law values rather than the values
liberals espouse. However, this book shows that these claims are
deeply deceptive - an abuse of constitutionalism and the rule of
law, not a different conception of these ideas.
The Routledge Handbook of IIliberalism is the first authoritative
reference work dedicated to illiberalism as a complex social,
political, cultural, legal, and mental phenomenon. Although
illiberalism is most often discussed in political and
constitutional terms, its study cannot be limited to such narrow
frames. This Handbook comprises sixty individual chapters authored
by an internationally recognized group of experts who present
perspectives and viewpoints from a wide range of academic
disciplines. Chapters are devoted to different facets of
illiberalism, including the history of the idea and its
competitors, its implications for the economy, society, government
and the international order, and its contemporary iterations in
representative countries and regions. The Routledge Handbook of
IIliberalism will form an important component of any library's
holding; it will be of benefit as an academic reference, as well as
being an indispensable resource for practitioners, among them
journalists, policy makers and analysts, who wish to gain an
informed understanding of this complex phenomenon.
There is widespread agreement that democracy today faces
unprecedented challenges. Populism has pushed governments in new
and surprising constitutional directions. Analysing the
constitutional system of illiberal democracies (from Venezuela to
Poland) and illiberal phenomena in 'mature democracies' that are
justified in the name of 'the will of the people', this book
explains that this drift to mild despotism is not authoritarianism,
but an abuse of constitutionalism. Illiberal governments claim that
they are as democratic and constitutional as any other. They also
claim that they are more popular and therefore more genuine because
their rule is based on conservative, plebeian and 'patriotic'
constitutional and rule of law values rather than the values
liberals espouse. However, this book shows that these claims are
deeply deceptive - an abuse of constitutionalism and the rule of
law, not a different conception of these ideas.
This volume considers the problem of legal universals at the level
of the rule of law and human rights, which have fundamentally
different pedigrees, and attempts to come to terms with the new
unease arising from the universal application of human rights.
Given the juridicization of human rights, rule of law and human
rights expectations have become significantly intertwined: human
rights are enforced with the instruments of the rule of law and are
thus limited by the restricted reach thereof.
The first section of this volume considers the difficulties of
universalistic claims and offers a number of possible solutions for
adapting universal expectations to specific contexts. The second
section considers problems of human rights politics; sections three
and four present empirical studies about the appearance and
disappearance of the rule of law and fundamental rights in Western
and non-Western societies.Special attention is paid to the problems
of developing countries, with a specific focus on past and present
developments in Iran. These empirical studies indicate that the
acceptance of human rights and the rule of law is historically
contingent and cannot simply be considered as a matter of culture.
Until the 1990s, constitutionalism in Eastern Europe was considered
to be an outmoded concept of the nineteenth century. Changes in the
region, however, have brought back the fundamental question of the
need to restrict government power through social self-binding. This
text discusses the mechanisms of such restriction, including
different forms of the separation of powers and constitutional
review. It relates the theoretical and practical importance of the
issue to the present worldwide discontent with majoritarian
democracy and the growing disrepute of parliaments. Increasing
executive efficiency is, however, a threat to fundamental rights,
and the battlecry of efficiency is often only a means to new
despotism and inefficiency. A careful re-evalution of the concept
of constitutionalism assists in the search for a useful balance
between majoritarianism and rights, and in the avoidance of all
forms of public tyranny. Written in non-technical language and
using the most important English, American, French, and German
examples of constitutional history, the book also examines East
European (in particular, Russian) and Latin American examples, in
part to illustrate certain dead-ends in constitutional development.
As broadcasting systems transform - both in societies marking a
post- communist transition and in the rest of Europe and the United
States - opportunities for "access" are frequently put forward and
debated. Just as frequently, little is done to analyze what is
meant by access and how the concept fits into a theoretical
framework. Access issues proliferate, not only for the new statutes
concerning broadcasting licenses, but for cable television regimens
and for the information infrastructures of the future. Access
becomes the hope of social groups, religious organizations,
politicians, redemptive in its impact on the democratic process.
Given the range of uses, given the consequences imputed to access,
in the broadcasting field, more attention to its various meanings
is long overdue. This volume of essays is a partial answer. The
book has its origins in a conference held in June 1993 at the
Institute for Constitutional and Legislative Policy at the Central
European University in Budapest. The purpose of the conference was
to gather scholars with a commitment to exploring the theoretical
and actual implications of various access regimes as they have been
or were then being practised or proposed. The time was a vital one
as debates continued throughout the region on the shape of proposed
broadcasting legislation. The conference offered an opportunity to
review the political context in which access was being considered
at a raw and early moment in the transitions to democracy. Hungary
was still deadlocked in its "media wars", a confrontation between
the major political parties over the course of society in which the
conduct and control of broadcasting was seen as a defining issue.
The Czech Republic had just split from its Slovak counterpart and
the implications for the role of broadcasting in the building of a
nation were self-evident. Problems of hate speech and lustration -
a negative form of access: access by society to information about
the personal past of public figures - compounded the difficulty of
policy-making. Access issues yielded concerns about privatization
since the ownership of instruments of the press are a key factor in
access and that implicated the choice of licensees, the conditions
under which they should operate, whether and to what extent foreign
investment should be allowed. The inevitable, underlying problem
concerns the role of the state in establishing rules, maintaining a
hand in establishing the narratives of continuity and, indeed, in
letting go and fostering the processes of change. The responses are
organized in four sections: theories of media access; access to
media in Europe and the United States; judicial review of access to
the media; and the media and the political arena.
This law school casebook examines how the vast increase in
international movements of people, capital, goods, ideas and
information affects politics in and beyond nation-states, the rule
of law and separation of powers, and fundamental rights. It
contains case excerpts from at least 40 countries in all
continents, examining the assumptions, choices and trade-offs,
strategies and effects of decisions from constitutional courts and
human rights tribunals in different legal systems and political
contexts. It discusses different theories of constitutionalism and
how constitutional democracies address similar issues, in different
institutional settings. The fourth edition contains two new
chapters addressing respectively illiberal and populist
constitutionalism and developing national and transnational
constitutional treatments of climate change. In addition, this
edition newly covers transgender equality rights, recent
constitutional treatments of secession movements, and use of
emergency powers to confront the Covid-19 pandemic.
The Constitution was written to shape human behavior and affairs,
and it does so by appealing to people's hearts, not only their
minds. An interdisciplinary analysis sheds new light on the
emotions that underlie constitutional law, with many cogent
examples.
This book, based on two international conferences at Princeton
University and the Central European University, is a handy guide to
the problem of corruption in transition countries, with an
important comparative content. Political Corruption in Transition
is distinguished from similar publications by at least two
features: by the quality of the carefully selected and edited
essays ans by its original treatment. Instead of the usual
preaching and excommunications, this Sceptic's Handbook represents
down-to-earth realism. Combines general issues with case studies
and original research. The geographic coverage is wide, though it
is ideas rather then a geography that drive the volume's
organization.
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