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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.
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.
This Yearbook of the Central and Eastern European Forum of Young
Legal, Political and Social Theorists is devoted to the analysis of
the consequences of the Central and Eastern European transition.
The volume focuses on understanding the constantly evolving process
of democratization. Following the collapse of the Soviet Union
democratic transitions took place all over this region and the new
democracies had different shapes. All states, however, wished to
become a western-type democracy. The authors evaluate the ongoing
struggle in the region to understand and to make others understand
the peculiarities of these seemingly western-type, but somewhat
different democratic regimes.
In the past few years, constitutional courts have been presented
with new challenges. The world financial crisis, the new wave of
terrorism, mass migration and other country-specific problems have
had wide-ranging effects on the old and embedded constitutional
standards and judicial constructions. This book examines how, if at
all, these unprecedented social, economic and political problems
have affected constitutional review in Europe. As the courts'
response must conform with EU law and in some cases international
law, analysis extends to the related jurisprudence of the European
Court of Justice and the European Court of Human Rights. The
collection adopts a common analytical structure to examine how the
relevant challenges have been addressed in ten country specific
case studies. Alongside these, constitutional experts frame the
research within the theoretical understanding of the constitutional
difficulties of the day in Europe. Finally, a comparative chapter
examines the effects of multilevel constitutionalism and identifies
general European trends. This book will be essential reading for
academics and researchers working in the areas of constitutional
law, comparative law and jurisprudence.
In the past few years, constitutional courts have been presented
with new challenges. The world financial crisis, the new wave of
terrorism, mass migration and other country-specific problems have
had wide-ranging effects on the old and embedded constitutional
standards and judicial constructions. This book examines how, if at
all, these unprecedented social, economic and political problems
have affected constitutional review in Europe. As the courts'
response must conform with EU law and in some cases international
law, analysis extends to the related jurisprudence of the European
Court of Justice and the European Court of Human Rights. The
collection adopts a common analytical structure to examine how the
relevant challenges have been addressed in ten country specific
case studies. Alongside these, constitutional experts frame the
research within the theoretical understanding of the constitutional
difficulties of the day in Europe. Finally, a comparative chapter
examines the effects of multilevel constitutionalism and identifies
general European trends. This book will be essential reading for
academics and researchers working in the areas of constitutional
law, comparative law and jurisprudence.
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