Constitutionalism Under Extreme Conditions

Author : Richard Albert,Yaniv Roznai
Publisher : Springer Nature
Page : 445 pages
File Size : 43,7 Mb
Release : 2020-09-24
Category : Law
ISBN : 9783030490003

Get Book

Constitutionalism Under Extreme Conditions by Richard Albert,Yaniv Roznai Pdf

This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Author : Martin Belov
Publisher : Routledge
Page : 319 pages
File Size : 48,6 Mb
Release : 2021-09-22
Category : Law
ISBN : 9781000436419

Get Book

Courts and Judicial Activism under Crisis Conditions by Martin Belov Pdf

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.

Author : M. J. C. Vile
Publisher : Unknown
Page : 0 pages
File Size : 52,9 Mb
Release : 1998
Category : History
ISBN : 0865971757

Get Book

Constitutionalism and the Separation of Powers by M. J. C. Vile Pdf

Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

Author : Yaniv Roznai
Publisher : Oxford University Press
Page : 369 pages
File Size : 43,6 Mb
Release : 2017
Category : Law
ISBN : 9780198768791

Get Book

Unconstitutional Constitutional Amendments by Yaniv Roznai Pdf

Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.

Author : Charles Howard McIlwain
Publisher : The Lawbook Exchange, Ltd.
Page : 172 pages
File Size : 45,5 Mb
Release : 2005
Category : Constitutional history
ISBN : 9781584775508

Get Book

Constitutionalism by Charles Howard McIlwain Pdf

Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.

Author : Martin Belov
Publisher : Bloomsbury Publishing
Page : 361 pages
File Size : 45,8 Mb
Release : 2022-06-30
Category : Law
ISBN : 9781509931415

Get Book

Constitutional Semiotics by Martin Belov Pdf

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.

Author : Kostas Chrysogonos,Anna Tsiftsoglou
Publisher : Springer Nature
Page : 181 pages
File Size : 51,7 Mb
Release : 2022-10-14
Category : Law
ISBN : 9783031139017

Get Book

Democracy after Covid by Kostas Chrysogonos,Anna Tsiftsoglou Pdf

This book, one of the first of its kind, explores the impact of the COVID-19 pandemic on modern Western democracies from a comparative constitutional law and policy perspective. Through 11 scholarly contributions, it tackles cutting-edge topics for the liberal state, such as emergency legislation, judicial scrutiny of COVID-19 measures, parliamentarism and executive decision-making during the pandemic. The book examines these topics both from a microscopic national constitutional angle, with a focus on European states, and from a macroscopic regional and comparative angle, on par with the American example. The COVID-19 pandemic is thus treated as an international state of emergency that has enabled far-reaching restrictions on essential human rights, such as freedom of movement, freedom of religion or even major political rights, while giving rise to the ‘administrative state.’ This edited volume explores each of these pressing themes in this exceptional context and evaluates different liberal states’ responses to the pandemic. Were these responses reasonable, effective and democratic? Or is the COVID-19 pandemic just the beginning of a new era of global democratic backsliding? How can liberal democracies manage similar crises in future? What lessons have we learned? The institutional knowledge gained turns out to be the key for the future of the rule of law.

Author : Maja Sahadžić
Publisher : Routledge
Page : 279 pages
File Size : 55,5 Mb
Release : 2020-09-02
Category : Law
ISBN : 9781000173208

Get Book

Asymmetry, Multinationalism and Constitutional Law by Maja Sahadžić Pdf

This book examines the link between constitutional asymmetry and multinationalism and the effects asymmetry produces on legitimacy and stability in federal and quasi-federal systems. This is done through a structured and exhaustive comparative analysis, covering states in Africa, America, Asia, and Europe. Contrary to traditional federal theory, contemporary scholars have linked constitutional asymmetry with multinational federal systems, by presenting asymmetry as a mechanism for diversity management. This book offers insights on whether and how constitutional asymmetry is linked with multinationalism and looks into the socio-economic, cultural-ideological, historical, and separatist factors that support the emergence of asymmetries. The work also provides a legal analysis of whether constitutional asymmetry is a condition or a threat to legitimacy and stability in federal systems. The book will be essential reading for academics, researchers, and policy-makers in law and political science interested in the fields of constitutional law, federal theory, multinationalism, and minorities.

Author : Martin Belov
Publisher : Taylor & Francis
Page : 323 pages
File Size : 54,8 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000830385

Get Book

Rule of Law in Crisis by Martin Belov Pdf

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.

Author : Anonim
Publisher : Oxford University Press
Page : 641 pages
File Size : 41,9 Mb
Release : 2024-06-26
Category : Law
ISBN : 9780192691026

Get Book

Global Canons in an Age of Contestation by Anonim Pdf

Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be - the canonical texts of comparative constitutionalism. The theoretical scope of the contributions is broad and ambitious, selecting primary material from beyond the existing textbooks to engage the concept of a canon. This framework provides significant insights about inclusion and exclusion, and proposes candidates for canonical and anti-canonical materials. The result is a wide-ranging discussion, among many voices, of how particular judgments and other primary texts have shaped or should shape our understanding of central elements of democratic constitutionalism from a comparative law perspective. This book is not a prescription of one universal understanding, but a broader conversation about the field and the future of constitutional democracy.

Author : Anonim
Publisher : Oxford University Press
Page : 641 pages
File Size : 50,5 Mb
Release : 2024-06-26
Category : Electronic
ISBN : 9780192691033

Get Book

by Anonim Pdf

Author : Adrian Vermeule
Publisher : Harvard University Press
Page : 356 pages
File Size : 47,6 Mb
Release : 2006
Category : Law
ISBN : 0674022106

Get Book

Judging Under Uncertainty by Adrian Vermeule Pdf

In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.

Author : Andrei Medushevsky
Publisher : Routledge
Page : 276 pages
File Size : 48,7 Mb
Release : 2006-09-27
Category : History
ISBN : 9781134226498

Get Book

Russian Constitutionalism by Andrei Medushevsky Pdf

Medushevsky examines constitutionalism in Russia from Tsarist times to the present. He traces the different attitudes to constitutionalism in political thought, and in practice, at different periods, showing how the balance between authoritarianism and liberalism has shifted. In addition, he discusses the importance of constitutional developments for societies in transition, and concludes that post-communist constitutional development in Russia is still far from complete. As an empirical resource, Russian Constitutionalism takes a longer historical view than other books on this topic, and it also goes further than this in its interpretive approach, providing a greater understanding of Russian constitutionalism.

Author : Emilios Christodoulidis
Publisher : Cambridge University Press
Page : 607 pages
File Size : 52,5 Mb
Release : 2021-04-15
Category : Law
ISBN : 9781108487030

Get Book

The Redress of Law by Emilios Christodoulidis Pdf

This book looks at what a critical understanding of constitutional, labour and European Union law entails under conditions of globalisation.

Author : Jussi Parikka
Publisher : John Wiley & Sons
Page : 224 pages
File Size : 49,9 Mb
Release : 2013-04-23
Category : Social Science
ISBN : 9780745661391

Get Book

What is Media Archaeology? by Jussi Parikka Pdf

This cutting-edge text offers an introduction to the emerging field of media archaeology and analyses the innovative theoretical and artistic methodology used to excavate current media through its past. Written with a steampunk attitude, What is Media Archaeology? examines the theoretical challenges of studying digital culture and memory and opens up the sedimented layers of contemporary media culture. The author contextualizes media archaeology in relation to other key media studies debates including software studies, German media theory, imaginary media research, new materialism and digital humanities. What is Media Archaeology? advances an innovative theoretical position while also presenting an engaging and accessible overview for students of media, film and cultural studies. It will be essential reading for anyone interested in the interdisciplinary ties between art, technology and media.