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Author: Konrad Lachmayer
Publisher:
ISBN: 9781509946372
Category : COVID-19 (Disease)
Languages : en
Pages : 416
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Book Description
"When European societies win the fight against Covid-19, a democratic reckoning will start. This book explains why. Have democracies successfully mastered the challenges of the pandemic? How has the Corona virus impacted democratic principles, processes and values? At the heels of the worst public health crisis in living memory, this book shines an unforgiving light on the side-lining of parliaments, the ruling by governmental decrees and the disenfranchisement of the people in the name of fighting Covid-19. Pandemocracy in Europe situates the dramatic impact of Covid-19, and the fight against the virus, on Europe's democracies. Throughout its 20 contributions the book sets the theoretical stage and answers the democratic questions engaged by health emergencies. Eight national case studies - UK, Germany, Italy, Sweden, Hungary, Switzerland, France and Estonia - show, each time with a pronounced focus on a particular element of democracy, how different states reacted to the pandemic. The book also shifts the analytical gaze beyond the nation state towards international settings, looking at the effects on the European Union and considering the impact on the nationalistic and populist movements. Bridging disciplines and uniting a stellar cast of scholars on democracy, rule of law and constitutionalism, the book provides contours and nuances to a year of debates in political science, international relations and law on the impact of the virus on democracies. In times of uncertainty, Pandemocracy in Europe provides analysis and answers to the democratic challenges of the coronavirus."--
Author: Konrad Lachmayer
Publisher:
ISBN: 9781509946372
Category : COVID-19 (Disease)
Languages : en
Pages : 416
Get Book Here
Book Description
"When European societies win the fight against Covid-19, a democratic reckoning will start. This book explains why. Have democracies successfully mastered the challenges of the pandemic? How has the Corona virus impacted democratic principles, processes and values? At the heels of the worst public health crisis in living memory, this book shines an unforgiving light on the side-lining of parliaments, the ruling by governmental decrees and the disenfranchisement of the people in the name of fighting Covid-19. Pandemocracy in Europe situates the dramatic impact of Covid-19, and the fight against the virus, on Europe's democracies. Throughout its 20 contributions the book sets the theoretical stage and answers the democratic questions engaged by health emergencies. Eight national case studies - UK, Germany, Italy, Sweden, Hungary, Switzerland, France and Estonia - show, each time with a pronounced focus on a particular element of democracy, how different states reacted to the pandemic. The book also shifts the analytical gaze beyond the nation state towards international settings, looking at the effects on the European Union and considering the impact on the nationalistic and populist movements. Bridging disciplines and uniting a stellar cast of scholars on democracy, rule of law and constitutionalism, the book provides contours and nuances to a year of debates in political science, international relations and law on the impact of the virus on democracies. In times of uncertainty, Pandemocracy in Europe provides analysis and answers to the democratic challenges of the coronavirus."--
Author: Pablo Riberi
Publisher: Bloomsbury Publishing
ISBN: 1509965289
Category : Law
Languages : en
Pages : 275
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Book Description
This book addresses two questions: firstly, how has the fight against COVID-19, especially the individual and collective responses of Latin American nation-states, influenced the relationship between power, people, and statebodies? And secondly, has democracy taken a step back and allowed pandemocracy to replace its long-term legitimising function? Adopting a Global South perspective, the book explores the constitutional, political and institutional measures that paved the way for several aggressive state policies in various Latin American countries during the COVID-19 pandemic. The contributions provide a detailed review of democratic decay and the 'rule of law' impairment in many countries of the region. The book goes beyond mere observation and explores all the main theoretical elements that can lead to a more comprehensive understanding of the political and normative impact of the pandemic. In terms of constitutional design and concerning the actual behaviour of political bodies, the fairness and efficacy of Latin American state responses during the COVID-19 pandemic did not rely on civic culture, executive goodwill, or boldness on the part of the judges. The aim of this volume, therefore, is to unravel the most subtle elements of a very puzzling situation. Multidisciplinary perspectives are deployed to explore how democratic standards and goals have been reshaped by nuanced constructions of certain atavistic normative ideas or even by non-constitutional policies. The book sheds light on the underlying connection between politics and law.
Author: Rainer Arnold
Publisher: Springer Nature
ISBN: 3031398041
Category : Law
Languages : en
Pages : 266
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Book Description
The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.
Author: Beáta Bakó
Publisher: Taylor & Francis
ISBN: 1000814319
Category : Law
Languages : en
Pages : 243
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Book Description
The national-conservative government of Hungary has been heavily criticised for its violation of EU values, primarily, the rule of law in recent years. This book looks to the bigger picture in examining the rule-of-law debate between Hungary and the EU. It explores how certain elements of various Hungarian constitutional reforms are interrelated and how the EU has failed to address the situation properly. It is argued here that the reason the EU has been unable to enforce its values effectively in Hungary stems from the misunderstanding that Hungary kept the institutional design of liberal democracy but made it dysfunctional. The debate with the EU is characterised as a dialogue of the deaf as the EU insists on advancing the rule-of-law agenda, while the Hungarian government defends itself by alluding to its democratic legitimacy. The author contents that the Hungarian government is in fact playing a charade, while the actions of the EU maintain this drama. The book will be of interest to students, academics, and policymakers working in the areas of constitutional law and politics, EU law, and populism.
Author: Kálmán Pócza
Publisher: Taylor & Francis
ISBN: 1040020232
Category : Law
Languages : en
Pages : 362
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Book Description
Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. Yet the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre has never been examined accurately and systematically. This volume fills this gap in the literature. To explore the diversity and measure the strength of judicial decisions, the authors have elaborated a new methodology that is intended to give a more nuanced picture of the practice of constitutional adjudication in Europe. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on Western Europe and a short summary of the methodology of the project. This is followed by 11 country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further ten countries are explored in the counterpart volume to this book: Constitutional Review in Central and Eastern Europe: Judicial-Legislative Relations in Comparative Perspective. The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.
Author: Arianna Vedaschi
Publisher: BRILL
ISBN: 9004708650
Category : Law
Languages : en
Pages : 668
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Book Description
This book offers a wide comparative overview of the legal measures enacted by countries throughout the world to react to the unprecedented public health emergency caused by the COVID-19 pandemic. The volume gathers the General Reports and selected National Reports presented at the 2022 General Congress of the International Academy of Comparative Law. While the National Reports focus on single countries, the General Report provides a comparative analysis of observed trends and main legal issues. In doing so, it draws some guidelines on how to improve responses to potential forthcoming emergencies characterized by a global reach, as COVID-19 was.
Author: Joanna Rak
Publisher: Taylor & Francis
ISBN: 1003855415
Category : Political Science
Languages : en
Pages : 198
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Book Description
This book examines how contemporary militant democracies persist in the face of authoritarian abuses occurring during times of crisis. Focusing on founding members of the European Union, it explores how these democracies implemented anti-democratic measures without compromising their political rights and civil liberty ratings. By expanding the conceptual framework and theory of neo- and quasi-militant democracies through case studies and comparative analysis, the volume offers new insights into factors contributing to democratic endurance. Respective authors shift scholarly attention toward the epistemic construction of anti-democratic restrictions, arguing that epistemic fairness in defining anti-democratic threats plays a crucial role in preventing the erosion of democracy and in doing so enriches our understanding of legal definitions of enemies of democracy and their impact on the stability of political regimes. By investigating restrictions that target old and contemporary threats, it enhances our understanding of how Inner Six democracies survive under attack from populists seeking to expand their ruling competencies after the 2008 economic crisis, the 2015 European refugee crisis, the Covid-19 pandemic, and the Russo-Ukrainian War. This book is of key interest to scholars and students of European and Comparative Politics, Democratic Resilience and Backsliding, Legitimacy, Democracy and Dictatorship, Public Comparative Constitutional Law, Human Rights Law, Philosophy of Law, Political Philosophy and Theory.
Author: Jan Czarnocki
Publisher: Bloomsbury Publishing
ISBN: 1509974520
Category : Law
Languages : en
Pages : 351
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Book Description
This book addresses the interplay between the proportionality principle and EU digital law. Does EU digital law provide a fair balance of rights and interests? How does proportionality limit legislation in the digital economy? How can it be used to balance competing rights and interests? Diving into the dialectics of law and technology, the book analyses the relevance of the proportionality principle in regulating the digital world and as a vital tool for balancing competing rights and interests. The chapters analyse how conflicting rights and interests are resolved in EU digital law through the proportionality principle and critically reflect on its application. They scrutinise recent EU regulatory initiatives such as the GDPR, AI Act, Copyright Directive, DSA, and more. They reflect on the unique context of AI systems regulation, digital marketing, and data protection, illuminating the application and impact of proportionality in these arenas. Providing an in-depth examination of legal actors and real-life conflicts resolved by applying EU digital law, the book explains the pivotal role of the principle of proportionality in achieving an optimal balance of rights in our digital era.
Author: Zoltán Szente
Publisher: Kluwer Law International B.V.
ISBN: 9403511389
Category : Law
Languages : en
Pages : 367
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Hungary provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Hungary will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Author: Francesco Curci
Publisher: Edward Elgar Publishing
ISBN: 1035312557
Category : Political Science
Languages : en
Pages : 245
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Book Description
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. Offering a novel and interdisciplinary approach, this thought-provoking book critically analyses the notions of fragility and antifragility and addresses their connections and applications in planning theory, urban studies and architecture. It goes beyond the risk and resilience paradigm and proposes methodological and pragmatic strategies to cope with severe forms of uncertainty and socio-spatial inequalities.
