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Emphasizes the role history and historical narratives play in
constitutional adjudication. Uitz provocatively draws attention to
the often-tense relationship between the constitution and
historical precedence highlighting the interpretive and normative
nature of the law. Her work seeks to understand the conditions
under which references to the past, history and traditions are
attractive to lawyers, even when they have the potential of
perpetuating indeterminacy in constitutional reasoning. Uitz
conclusively argues that this constitutional indeterminacy is
obscured by 'judicial rhetorical toolkits' of continuity and
reconciliation that allow the court's reliance on the past to be
unaccounted for. Uitz' rigorous analysis and extensive research
makes this work an asset to legal scholars and practitioners alike.
The inquiry in this volume hopes to attract observers of
constitutional adjudication, may they be reading constitutional
jurisprudence from the quarters of constitutional law,
constitutional history, political science or history departments.
Emphasizes the role history and historical narratives play in
constitutional adjudication. Uitz provocatively draws attention to
the often-tense relationship between the constitution and
historical precedence highlighting the interpretive and normative
nature of the law. Her work seeks to understand the conditions
under which references to the past, history and traditions are
attractive to lawyers, even when they have the potential of
perpetuating indeterminacy in constitutional reasoning. Uitz
conclusively argues that this constitutional indeterminacy is
obscured by 'judicial rhetorical toolkits' of continuity and
reconciliation that allow the court's reliance on the past to be
unaccounted for. Uitz' rigorous analysis and extensive research
makes this work an asset to legal scholars and practitioners alike.
The inquiry in this volume hopes to attract observers of
constitutional adjudication, may they be reading constitutional
jurisprudence from the quarters of constitutional law,
constitutional history, political science or history departments.
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.
Constitutional democracy is more fragile and less 'natural' than
autocracy. While this may sound surprising to complacent democrats,
more and more people find autocracy attractive, because they were
never forced to understand or imagine what despotism is.
Generations who have lived in stable democracies with the promise
that their enviable world will become the global 'normal' find
government rule without constitutionalism difficult to conceive. It
is difficult, but never too late, to see one's own constitutional
system as something that is fragile, or up for grabs and in need of
constant attention and care. In this book, Andras Sajo and Renata
Uitz explore how constitutionalism protects us and how it might be
undone by its own means. Sajo and Uitz's intellectual history of
the constitutional ideal is rich in contextual detail and informed
by case studies that give an overview of both the theory and
practice of constitutionalism worldwide. Classic constitutions are
contrasted with twentieth-century and contemporary endeavours, and
experimentations in checks and balances. Their endeavour is neither
apologetic (and certainly not celebratory), nor purely defensive:
this book demonstrates why constitutionalism should continue to
matter. Between the rise of populist, anti-constitutional sentiment
and the normalization of the apparatus of counter-terrorism, it is
imperative that the political communities who seek to sustain
democracy as freedom understand the importance of
constitutionalism. This book is essential reading for students of
law and general readers without prior knowledge of the field, as
well as those in politics who believe they know how government
works. It shows what is at stake in the debate on
constitutionalism.
Constitutional democracy is more fragile and less 'natural' than
autocracy. While this may sound surprising to complacent democrats,
more and more people find autocracy attractive, because they were
never forced to understand or imagine what despotism is.
Generations who have lived in stable democracies with the promise
that their enviable world will become the global 'normal' find
government rule without constitutionalism difficult to conceive. It
is difficult, but never too late, to see one's own constitutional
system as something that is fragile, or up for grabs and in need of
constant attention and care. In this book, Andras Sajo and Renata
Uitz explore how constitutionalism protects us and how it might be
undone by its own means. Sajo and Uitz's intellectual history of
the constitutional ideal is rich in contextual detail and informed
by case studies that give an overview of both the theory and
practice of constitutionalism worldwide. Classic constitutions are
contrasted with twentieth-century and contemporary endeavours, and
experimentations in checks and balances. Their endeavour is neither
apologetic (and certainly not celebratory), nor purely defensive:
this book demonstrates why constitutionalism should continue to
matter. Between the rise of populist, anti-constitutional sentiment
and the normalization of the apparatus of counter-terrorism, it is
imperative that the political communities who seek to sustain
democracy as freedom understand the importance of
constitutionalism. This book is essential reading for students of
law and general readers without prior knowledge of the field, as
well as those in politics who believe they know how government
works. It shows what is at stake in the debate on
constitutionalism.
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