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Author: Paul Blokker
Publisher: Routledge
ISBN: 1315453630
Category : Law
Languages : en
Pages : 361
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Book Description
Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed analysis of the key challenges and changes affecting domestic constitutionalism in Europe and beyond, departing from the idea of ‘constitutional acceleration’ or the increased propensity of different actors to engage in (formal) reform of the constitutional order. The volume points to a fundamental change in the function of constitutions in that constitutions themselves are increasingly subjects of political contestation rather than framing political debates. The collection of essays addresses a range of critical challenges – including societal acceleration, depoliticization, civic engagement, multi-faceted constituent power, modernization, populism and nationalism, and transnationalization. The volume includes a variety of disciplinary, and in some cases interdisciplinary, approaches, including (political) sociology, political science, constitutional law, and constitutional and legal theory, and will be of interest to researchers and students in any of these areas. Case studies focus on the EU and the wider European context, and include highly relevant but little known or ill-understood cases, such as the recent constitutional events in Iceland, Italy, or Romania, and cases of democratic reversal, such as Hungary, while also engaging with traditional but rapidly changing cases of constitutional interest, such as the UK.
Author: Paul Blokker
Publisher: Routledge
ISBN: 1315453630
Category : Law
Languages : en
Pages : 361
Get Book Here
Book Description
Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed analysis of the key challenges and changes affecting domestic constitutionalism in Europe and beyond, departing from the idea of ‘constitutional acceleration’ or the increased propensity of different actors to engage in (formal) reform of the constitutional order. The volume points to a fundamental change in the function of constitutions in that constitutions themselves are increasingly subjects of political contestation rather than framing political debates. The collection of essays addresses a range of critical challenges – including societal acceleration, depoliticization, civic engagement, multi-faceted constituent power, modernization, populism and nationalism, and transnationalization. The volume includes a variety of disciplinary, and in some cases interdisciplinary, approaches, including (political) sociology, political science, constitutional law, and constitutional and legal theory, and will be of interest to researchers and students in any of these areas. Case studies focus on the EU and the wider European context, and include highly relevant but little known or ill-understood cases, such as the recent constitutional events in Iceland, Italy, or Romania, and cases of democratic reversal, such as Hungary, while also engaging with traditional but rapidly changing cases of constitutional interest, such as the UK.
Author: Paul Blokker
Publisher:
ISBN: 9781315453620
Category : Constitutional law
Languages : en
Pages :
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Book Description
Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed analysis of the key challenges and changes affecting domestic constitutionalism in Europe and beyond, departing from the idea of 'constitutional acceleration' or the increased propensity of different actors to engage in (formal) reform of the constitutional order. The volume points to a fundamental change in the function of constitutions in that constitutions themselves are increasingly subjects of political contestation rather than framing political debates. The collection of essays addresses a range of critical challenges - including societal acceleration, depoliticization, civic engagement, multi-faceted constituent power, modernization, populism and nationalism, and transnationalization. The volume includes a variety of disciplinary, and in some cases interdisciplinary, approaches, including (political) sociology, political science, constitutional law, and constitutional and legal theory, and will be of interest to researchers and students in any of these areas. Case studies focus on the EU and the wider European context, and include highly relevant but little known or ill-understood cases, such as the recent constitutional events in Iceland, Italy, or Romania, and cases of democratic reversal, such as Hungary, while also engaging with traditional but rapidly changing cases of constitutional interest, such as the UK.
Author: Julian Scholtes
Publisher: Oxford University Press
ISBN: 0198883196
Category : Law
Languages : en
Pages : 241
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Book Description
The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.
Author: Min Reuchamps
Publisher: Taylor & Francis
ISBN: 1000955249
Category : Political Science
Languages : en
Pages : 239
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Book Description
This book explains deliberative constitution-making with a special focus on the connections between participation, representation and legitimacy and provides a general overview of what the challenges and prospects of deliberative constitution-making are today. It seeks to provide a more complete picture of what is at stake as a political trend in various places in the world, both theoretically and empirically grounded. Distinctively, the book studies not only established democracies and well-known cases of deliberative constitution-making but also such practices in authoritarian and less consolidated democratic settings and departs from a traditional institutional perspective to have a special focus on actors, and in particular underrepresented groups. This book is of key interest to scholars and students of deliberative democracy, constitutional politics, democratization and autocratization studies, citizen participation and more broadly to comparative politics, public administration, social policy and law.
Author: Anja Hennig
Publisher: Campus Verlag
ISBN: 3593443147
Category : Political Science
Languages : en
Pages : 559
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Book Description
Globale Migrationsbewegungen, Sicherheitsbedrohungen und soziale Umwälzungen haben in den vergangenen Jahren den Aufstieg populistischer rechter Parteien und Bewegungen in Europa und im transatlantischen Raum befördert. Religiöse Akteure stellen potenzielle Allianzpartner für diese Gruppierungen dar. Denn religiöse Interpretationen, etwa die Bezugnahme auf christliche Traditionen, bieten ein Reservoir für die Konstruktion vermeintlich natürlicher Geschlechterordnungen, exkludierender Vorstellungen homogener Nationen und anti-muslimischer Narrative. Dieses Buch analysiert die ideologische, strukturelle und historische Verbindung von Religion und illiberalen Politiken in europäischen Demokratien.
Author: Steffen Ganghof
Publisher: Oxford University Press
ISBN: 0192897144
Category : Political Science
Languages : en
Pages : 225
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Book Description
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. In a democracy, a constitutional separation of powers between the executive and the assembly may be desirable, but the constitutional concentration of executive power in a single human being is not. Beyond Presidentialism and Parliamentarism defends this thesis and explores 'semi-parliamentary government' as an alternative to presidential government. Semi-parliamentarism avoids power concentration in one person by shifting the separation of powers into the democratic assembly. The executive becomes fused with only one part of the assembly, even though the other part has at least equal democratic legitimacy and robust veto power on ordinary legislation. The book identifies the Australian Commonwealth and Japan as well as the Australian states of New South Wales, South Australia, Tasmania, Victoria, and Western Australia as semi-parliamentary systems. Using data from 23 countries and six Australian states, it maps how parliamentary and semi-parliamentary systems balance competing visions of democracy; it analyzes patterns of electoral and party systems, cabinet formation, legislative coalition-building, and constitutional reforms; systematically compares the semi-parliamentary and presidential separation of powers; and develops new and innovative semi-parliamentary designs, some of which do not require two separate chambers.
Author: Joanna Rak
Publisher: Routledge
ISBN: 1000539067
Category : Political Science
Languages : en
Pages : 208
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Book Description
This book examines contemporary militant democracies in post-communist states in the European Union. Examining, through case studies, their broader relevance to political, legal, and social structures, this book looks in revealing detail at the struggles between these democratic and anti-democratic actors that share similar historical experiences of contentious politics, communism, and political transformation. It importantly unravels the tension between them, determining which are already authoritarian, and which are teetering on the brink of an anti-democratic breakthrough. Analysing regimes’ continuance trajectories to capture how and what shaped the neo-militant aspects of democracies (neomilitancy) over time, the book accounts for why particular post-communist European neo-militant democracies emerge while others decline or transform into quasi-militant democracies despite transformation, how they differ from each other, what brings about the differences and similarities between them, and how and why they change over time. With right-wing populist parties coming to power on the back of fears associated with economic, social, and cultural globalisation and the misuse of state authorities to strengthen protective measures against threats to democratic institutions, the book represents a timely and important contribution. This book will be of key interest to scholars and students of Post-Soviet/Communist/East European Studies, Democratic Backsliding, European and Comparative Politics, Nationalism and Ethnic Conflict, Democracy and Dictatorship, Public Comparative Constitutional Law, Human Rights Law and Political Theory.
Author: Brady Gordon
Publisher: Cambridge University Press
ISBN: 1108830099
Category : Law
Languages : en
Pages : 565
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Book Description
This book provides an authoritative source for which models of fiscal federalism are compatible with the constitutional boundaries of the European legal order. It offers an encompassing guide to the leading constitutional case law in all EU Member States.
Author: Bedford, Daniel
Publisher: Edward Elgar Publishing
ISBN: 1789902843
Category : Law
Languages : en
Pages : 288
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Book Description
This collection identifies and discuss the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into the uses of human dignity to promote and challenge ideas of identity and solidarity.
Author: John Gastil
Publisher: Verso Books
ISBN: 1788736117
Category : Political Science
Languages : en
Pages : 449
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Book Description
Democracy means rule by the people, but in practice even the most robust democracies delegate most rule making to a political class The gap between the public and its representatives might seem unbridgeable in the modern world, but Legislature by Lot examines an inspiring solution: a legislature chosen through “sortition”—the random selection of lay citizens. It’s a concept that has come to the attention of democratic reformers across the globe. Proposals for such bodies are being debated in Australia, Belgium, Iceland, the United Kingdom, and many other countries. Sortition promises to reduce corruption and create a truly representative legislature in one fell swoop. In Legislature by Lot, John Gastil and Erik Olin Wright make the case for pairing a sortition body with an elected chamber within a bicameral legislature. Gastil is a leading deliberative democracy scholar, and Wright a distinguished sociologist and editor of the Real Utopias series, of which this is a part. In this volume, they bring together critics and advocates of sortition who have studied ancient Athens, deliberative polling, political theory, social movements, and civic innovation. Without obscuring its limitations, the contributors offer a wide variety of ideas for how to implement sortition and examine its potential for reshaping modern politics. Legislature by Lot includes sixteen essays that respond to Gastil and Wright’s detailed proposal. Essays comparing sortition to contemporary reforms see it as a dramatic extension of deliberative “minipublics,” which gather random samples of citizens to weigh public policy dilemmas without being empowered to enact legislation. Another set of essays explores the democratic principles underlying sortition and elections and considers, for example, how a sortition body holds itself accountable to a public that did not elect it. The third set of essays considers alternative paths to democratic reform, which limit the powers of a sortition chamber or more quickly establish a pure sortition body. With contributions by Arash Abizadeh, Tom Arnold, Terrill Bouricius, Deven Burks, Lyn Carson, Dimitri Courant, Donatella della Porta, David M. Farrell, Andrea Felicetti, James S. Fishkin, Brett Hennig, Vincent Jacquet, Raphaël Kies, Tom Malleson, Jane Mansbridge, Christoph Niessen, David Owen, John Pitseys, Min Reuchamps, Yves Sintomer, Graham Smith, Jane Suiter, and Pierre-Étienne Vandamme.
