|
Showing 1 - 18 of
18 matches in All Departments
This timely book offers a novel theory of constitutional
revolutions, providing a new and engaging framework for critically
assessing how revolutions and contra-revolutions, transitional
periods and the phenomenon of oblivion influence constitutional
change. Contributions by leading scholars in the field explore the
relationship between revolutions and constitutional order and
disorder, considering in particular the impact of political
transitions, situations of emergency, coup d´etat and the role of
memory and oblivion during times of revolution. Through a series of
case studies, the book identifies ways in which these phenomena
have, and will, affect the formation and amendment of constitutions
in both the short and long term. This includes, most notably, those
changes which seem to go against the spirit of constitutionalism.
In so doing, it provides important insight into how constitutions
and constituent powers deal with the influences of the past.
Students and scholars engaged in the study of constitutional law,
legal theory, theories of the state, transitions of democracy and
the philosophy of law will find this ground-breaking book to be a
must read.
This book offers a multi-discursive analysis of the constitutional
foundations for peaceful coexistence, the constitutional background
for discontent and the impact of discontent, and the consequences
of conflict and revolution on the constitutional order of a
democratic society which may lead to its implosion. It explores the
capacity of the constitutional order to serve as a reliable
framework for peaceful co-existence while allowing for reasonable
and legitimate discontent. It outlines the main factors
contributing to rising pressure on constitutional order which may
produce an implosion of constitutionalism and constitutional
democracy as we have come to know it. The collection presents a
wide range of views on the ongoing implosion of the
liberal-democratic constitutional consensus which predetermined the
constitutional axiology, the institutional design, the
constitutional mythology and the functioning of the constitutional
orders since the last decades of the 20th century. The
constitutional perspective is supplemented with perspectives from
financial, EU, labour and social security law, administrative law,
migration and religious law. Liberal viewpoints encounter radical
democratic and critical legal viewpoints. The work thus allows for
a plurality of viewpoints, theoretical preferences and thematic
discourses offering a pluralist scientific account of the key
challenges to peaceful coexistence within the current
constitutional framework. The book provides a valuable resource for
academics, researchers and policymakers working in the areas of
constitutional law and politics.
This book offers an outline of the foundations of a theory of
constitutional semiotics. It provides a systematic account of the
concept of constitutional semiotics and its role in the
representation and signification of meaning in constitution,
constitutional law, and constitutionalism. The book explores the
constitutional signification of meaning that is stretched between
rational entrenchment and constitutional imagination. It provides a
critical assessment of the rationalist entrapment of constitutional
modernity and justifies the need to turn to 'shadow
constitutionalisms': textual, symbolic-imaginary and visual
constitutionalism. The book puts forward innovative incentives for
constitutional analysis based on constitutional semiotics as a
paradigm for representation of meaning in rational, textual,
symbolic-imaginary and visual constitutionalism. The book focuses
on the textual, imaginative, and visual discourse of
constitutionalism, which is built upon collective constitutional
imaginaries and on the peculiar normativity of constitutional
geometry and constitutional mythology as borderline phenomena
entrenched in rational, textual, symbolic-imaginary and visual
constitutionalism. The book analyses concepts such as:
constitutional text and texture, authoritative constitutional
narratives and authoritative constitutional narrators,
constitutional semiotic community, constitutional utopia,
constitutional taboo, normative ideology and normative ideas,
constitutional myth and mythology, constitutional symbolism,
constitutional code and constitutional geometric form. It explores
the textual entrenchment of constitutionalism and its repercussions
for representation and signification of meaning.
What is the future of constitutionalism, state and law in the new
technological age? This edited collection explores the different
aspects of the impact of information and technology revolution on
state, constitutionalism and public law. Leading European scholars
in the fields of constitutional, administrative, financial and EU
law provide answers to fascinating conceptual questions including:
- What are the challenges of information and technological
revolution to sovereignty? - How will information and technology
revolution impact democracy and the public sphere? - What are the
disruptive effects of social media platforms on democratic
will-formation processes and how can we regulate the democratic
process in the digital age? - What are the main challenges to
courts and administrations in the algorithmic society? - What is
the impact of artificial intelligence on administrative law and
social and health services? - What is the impact of information and
technology revolution on data protection, privacy and human rights?
This book offers a multi-discursive analysis of the constitutional
foundations for peaceful coexistence, the constitutional background
for discontent and the impact of discontent, and the consequences
of conflict and revolution on the constitutional order of a
democratic society which may lead to its implosion. The volume
provides the reader with a multi-discursive analysis of the
constitutional foundations of peace, discontent and revolution. It
explores the capacity of the constitutional order to serve as a
reliable framework for peaceful co-existence while allowing for
reasonable and legitimate discontent. It outlines the main factors
contributing to rising pressure on constitutional order which may
produce an implosion of constitutionalism and constitutional
democracy as we have come to know it. The collection presents a
wide range of views on the ongoing implosion of the
liberal-democratic constitutional consensus which predetermined the
constitutional axiology, the institutional design, the
constitutional mythology and the functioning of the constitutional
orders since the last decades of the 20th century. The
constitutional perspective is supplemented with perspectives from
financial, EU, labour and social security law, administrative law,
migration and religious law. Liberal viewpoints encounter radical
democratic and critical legal viewpoints. The work thus allows for
a plurality of viewpoints, theoretical preferences and thematic
discourses offering a pluralist scientific account of the key
challenges to peaceful coexistence within the current
constitutional framework. The book provides a valuable resource for
academics, researchers and policy-makers working in the areas of
constitutional law and politics.
Westphalian constitutionalism has shaped our understanding of
politics, socio-political institutions and personal and political
freedom for centuries. It is historically based in the foundations
of Western modernity, such as humanism and rationalism, and is
organised around familiar principles of national sovereignty, the
rule of law, the separation of powers, and democracy. But since the
end of the twentieth century, global constitutionalism has
gradually emerged, challenging both the constitutional ideology and
the constitutional design of Westphalian constitutional law. This
book critically assesses the structural and functional
transformations in the Westphalian constitutional tradition
produced by the emergence of supranational and global
constitutionalism. In so doing, it evaluates the theory of global
constitutionalism, its legal and socio-political limits, and
important issues concerning the supranational constitutionalism of
the EU. This leads to an articulation of the constitutional theory
of the emerging post-Westphalian constitutionalism, examining its
development during a period of significantly increased access to
and sharing of information, increased mobility and more open
statehood, as well as the rise of human rights and its encounter
with populism and nationalism. This book will be of great interest
to scholars of constitutional law and theory, particularly those
with an interest in globalisation and supranationalism.
This collection examines topical issues related to the impact of
courts on constitutional politics during extreme conditions. The
book explores the impact of activist courts on democracy,
separation of powers and rule of law in times of emergency
constitutionalism. It starts with a theoretical explanation of the
concept, features and main manifestations of judicial activism and
its impact in shaping the relationship between constitutional,
international and supranational law. It then focuses on judicial
activism in extreme conditions, for example, in times of
emergencies and pandemics, or in the context of democratic
backsliding, authoritarian constitutionalism and illiberal
constitutionalism. Thus, the book may be considered as a
contribution to the debates on judicial activism, including the
discussion of the impact of courts on certainty, proportionality
and balancing of rights, as well as on revolutionary courts
challenging authoritarian context and generally over the role of
courts in the context of illiberalism and democratic backsliding.
The volume thus offers an explanation of the concept of judicial
activism, its impact on both the legal system and the political
order and the role of courts in shaping the structures of the legal
order. These issues are explored in theoretical and comparative
constitutional perspectives. The book will be a valuable resource
for academics and researchers working in the areas of courts,
constitutional law and constitutional politics.
This book examines how the judicialization of politics, and the
politicization of courts, affect representative democracy, rule of
law, and separation of powers. This volume critically assesses the
phenomena of judicialization of politics and politicization of the
judiciary. It explores the rising impact of courts on key
constitutional principles, such as democracy and separation of
powers, which is paralleled by increasing criticism of this
influence from both liberal and illiberal perspectives. The book
also addresses the challenges to rule of law as a principle,
preconditioned on independent and powerful courts, which are
triggered by both democratic backsliding and the mushrooming of
populist constitutionalism and illiberal constitutional regimes.
Presenting a wide range of case studies, the book will be a
valuable resource for students and academics in constitutional law
and political science seeking to understand the increasingly
complex relationships between the judiciary, executive and
legislature.
This book is a topical study of populist constitutionalism and
illiberal democracies,exploring their roots in constitutional
imagination as well as their normativeentrenchment and performance
in political reality. It provides insightful analysis ofrepublican
constitutionalism, focusing on the role of people in radical
democracyand revolutionary constitutional reform. Furthermore, the
outlook, adequacyand performance of constitutional principles in
times of democratic ruptures areassessed. The contributors examine
the rise of populist constitutionalism and themain trends that have
led to the current, ongoing crises in liberal democracy. Thebook
includes original analyses of populist constitutionalism from the
viewpointof emotions and constitutional imagination, as well as a
special chapter devotedto the challenges posed to constitutional
democracy by COVID-19. Combiningtheoretical contributions,
comparative typologies and important case studies, thespread of
populism and illiberal democracy in Europe is critically
explored.Populist Constitutionalism and Illiberal Democracies is a
timely contribution to thelively discussion surrounding
constitutional law, comparative constitutional law,comparative
constitutionalism and political science regarding the rise and
spreadof illiberal democracies, authoritarian political regimes and
revolutionary, radicaldemocratic and populist constitutionalism.
This book offers a broad perspective of revolutionary territorial
politics by putting secession in the context of other forms of
revolutionary territorial politics. This allows for a more complex
and profound account of secession and offers the reader a
conceptual approach to politics of revolutionary discontent with
territorial status quo. Second, the book provides a
multidiscoursive approach which combines the efforts of
constitutional and comparative constitutional law scholars with
international lawyers, EU lawyers and specialists in international
relations. This allows for multifaceted and, in that regard, more
adequate, balanced and rich analysis of secession and the other
forms of revolutionary territorial politics.
This book addresses the current crisis that threatens the rule of
law and has led to the need for its adjustment as normative
concept, legal principle and pragmatic guideline for the behaviour
of political players. Rule of law is a pillar of the constitutional
orders and a key principle of national, international and EU law.
Yet, rule of law is subject to pressure for change in the face of
emergency, crisis and transition. This book explores how
constitutional crisis, emergency constitutionalism and
constitutional polycrisis assert pressures for the transformation
of rule of law and thus produce a state of flux. It examines the
rule of law from the viewpoint of constitutional imaginaries,
memory politics and identity politics. It critically assesses the
responses given by the EU and its member states to the current
crisis. The work also provides an analysis of the most important
challenges to rule of law stemming from the performance of
constitutional courts, including the risks of judicial activism,
politicization of the courts and judicialization of politics. The
book will be an invaluable resource for researchers, academics and
policy-makers working in the areas of Constitutional Law and
Political Science.
This book examines how the judicialization of politics, and the
politicization of courts, affect representative democracy, rule of
law, and separation of powers. This volume critically assesses the
phenomena of judicialization of politics and politicization of the
judiciary. It explores the rising impact of courts on key
constitutional principles, such as democracy and separation of
powers, which is paralleled by increasing criticism of this
influence from both liberal and illiberal perspectives. The book
also addresses the challenges to rule of law as a principle,
preconditioned on independent and powerful courts, which are
triggered by both democratic backsliding and the mushrooming of
populist constitutionalism and illiberal constitutional regimes.
Presenting a wide range of case studies, the book will be a
valuable resource for students and academics in constitutional law
and political science seeking to understand the increasingly
complex relationships between the judiciary, executive and
legislature.
The sixth volume in the series of the Central and Eastern European
Forum for Legal, Political, and Social Theory Yearbook is focused
on the effects of globalisation and global governance on state, law
and society. It addresses the great structural and systemic changes
in the fundamental constitutional and political concepts produced
by the above mentioned phenomena. The main issues which are
discussed in the book are the crisis of authority, the crisis of
territoriality, the shifting constitutional geometry, the
constitutional identity, the territorial irresponsibility of
capital, the horizontalisation of human rights, the new
constitutional and political roles of the transnational
corporations and the global religions as well as the influence of
the supranational jurisdictions on the supranational and national
legal orders.
This book offers a broad perspective of revolutionary territorial
politics by putting secession in the context of other forms of
revolutionary territorial politics. This allows for a more complex
and profound account of secession and offers the reader a
conceptual approach to politics of revolutionary discontent with
territorial status quo. Second, the book provides a
multidiscoursive approach which combines the efforts of
constitutional and comparative constitutional law scholars with
international lawyers, EU lawyers and specialists in international
relations. This allows for multifaceted and, in that regard, more
adequate, balanced and rich analysis of secession and the other
forms of revolutionary territorial politics.
What is the future of constitutionalism, state and law in the new
technological age? This edited collection explores the different
aspects of the impact of information and technology revolution on
state, constitutionalism and public law. Leading European scholars
in the fields of constitutional, administrative, financial and EU
law provide answers to fascinating conceptual questions including:
- What are the challenges of information and technological
revolution to sovereignty? - How will information and technology
revolution impact democracy and the public sphere? - What are the
disruptive effects of social media platforms on democratic
will-formation processes and how can we regulate the democratic
process in the digital age? - What are the main challenges to
courts and administrations in the algorithmic society? - What is
the impact of artificial intelligence on administrative law and
social and health services? - What is the impact of information and
technology revolution on data protection, privacy and human rights?
This book offers an outline of the foundations of a theory of
constitutional semiotics. It provides a systematic account of the
concept of constitutional semiotics and its role in the
representation and signification of meaning in constitution,
constitutional law, and constitutionalism. The book explores the
constitutional signification of meaning that is stretched between
rational entrenchment and constitutional imagination. It provides a
critical assessment of the rationalist entrapment of constitutional
modernity and justifies the need to turn to ‘shadow
constitutionalisms’: textual, symbolic-imaginary and visual
constitutionalism. The book puts forward innovative incentives for
constitutional analysis based on constitutional semiotics as a
paradigm for representation of meaning in rational, textual,
symbolic-imaginary and visual constitutionalism. The book focuses
on the textual, imaginative, and visual discourse of
constitutionalism, which is built upon collective constitutional
imaginaries and on the peculiar normativity of constitutional
geometry and constitutional mythology as borderline phenomena
entrenched in rational, textual, symbolic-imaginary and visual
constitutionalism. The book analyses concepts such as:
constitutional text and texture, authoritative constitutional
narratives and authoritative constitutional narrators,
constitutional semiotic community, constitutional utopia,
constitutional taboo, normative ideology and normative ideas,
constitutional myth and mythology, constitutional symbolism,
constitutional code and constitutional geometric form. It explores
the textual entrenchment of constitutionalism and its repercussions
for representation and signification of meaning.
Westphalian constitutionalism has shaped our understanding of
politics, socio-political institutions and personal and political
freedom for centuries. It is historically based in the foundations
of Western modernity, such as humanism and rationalism, and is
organised around familiar principles of national sovereignty, the
rule of law, the separation of powers, and democracy. But since the
end of the twentieth century, global constitutionalism has
gradually emerged, challenging both the constitutional ideology and
the constitutional design of Westphalian constitutional law. This
book critically assesses the structural and functional
transformations in the Westphalian constitutional tradition
produced by the emergence of supranational and global
constitutionalism. In so doing, it evaluates the theory of global
constitutionalism, its legal and socio-political limits, and
important issues concerning the supranational constitutionalism of
the EU. This leads to an articulation of the constitutional theory
of the emerging post-Westphalian constitutionalism, examining its
development during a period of significantly increased access to
and sharing of information, increased mobility and more open
statehood, as well as the rise of human rights and its encounter
with populism and nationalism. This book will be of great interest
to scholars of constitutional law and theory, particularly those
with an interest in globalisation and supranationalism.
|
You may like...
Tenet
John David Washington, Robert Pattinson
Blu-ray disc
(1)
R52
R44
Discovery Miles 440
Gloria
Sam Smith
CD
R383
Discovery Miles 3 830
|