Courts And Judicial Activism Under Crisis Conditions

Author : Martin Belov
Publisher : Routledge
Page : 319 pages
File Size : 54,8 Mb
Release : 2021-09-22
Category : Law
ISBN : 9781000436419

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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 : César A. RodrÃ-guez-Garavito,César A. Rodríguez Garavito,Diana Rodríguez-Franco
Publisher : Cambridge University Press
Page : 235 pages
File Size : 48,9 Mb
Release : 2015-10-22
Category : Law
ISBN : 9781107078888

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Radical Deprivation on Trial by César A. RodrÃ-guez-Garavito,César A. Rodríguez Garavito,Diana Rodríguez-Franco Pdf

Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.

Author : Martin Belov
Publisher : Taylor & Francis
Page : 323 pages
File Size : 52,9 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000830385

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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 : Tom Ginsburg,Mark D. Rosen,Georg Vanberg
Publisher : Cambridge University Press
Page : 342 pages
File Size : 41,7 Mb
Release : 2022-06-30
Category : Law
ISBN : 1108729207

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Constitutions in Times of Financial Crisis by Tom Ginsburg,Mark D. Rosen,Georg Vanberg Pdf

Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.

Author : Kermit Roosevelt
Publisher : Yale University Press
Page : 272 pages
File Size : 44,8 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780300129564

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The Myth of Judicial Activism by Kermit Roosevelt Pdf

Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.

Author : Martin Belov
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 44,7 Mb
Release : 2022-06-30
Category : Law
ISBN : 9781509931422

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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 : Martin Belov
Publisher : Kluwer Law International B.V.
Page : 428 pages
File Size : 54,8 Mb
Release : 2024-01-18
Category : Law
ISBN : 9789403544571

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Constitutional Law in Bulgaria by Martin Belov Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Bulgaria 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 Bulgaria will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Author : Anne Wagner,Sarah Marusek
Publisher : Edward Elgar Publishing
Page : 517 pages
File Size : 46,9 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781802207262

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Research Handbook on Legal Semiotics by Anne Wagner,Sarah Marusek Pdf

This comprehensive Research Handbook explores the wide variety of work conducted in legal semiotics to provide a broad understanding of how the law works through signs and symbols. Demonstrating that law is a strategical system of fluctuating signs, contributors critically analyse the ever-evolving conceptualisations of law and legal discourse.

Author : Alberto Nicòtina,Patricia Popelier,Peter Bursens
Publisher : Taylor & Francis
Page : 343 pages
File Size : 52,5 Mb
Release : 2023-12-04
Category : Law
ISBN : 9781003807964

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EU Law and National Constitutions by Alberto Nicòtina,Patricia Popelier,Peter Bursens Pdf

This book provides an in-depth guide to researchers and practitioners who are interested in analyzing the evolution of EU law from a national and comparative constitutional law perspective. The volume deals with questions of how EU Member States’ constitutional systems, including the subnational tier, interact with the supranational level. It maps the evolution over time of constitutional strategies in the face of multi-level governance and individuates contextual factors on an empirical basis. The volume includes twelve national reports written by leading experts in constitutional and EU law, and in political science. The countries discussed include the six founding Member States, together with a selection of Member States in which a clear-cut evolution in the national constitutional approach towards the EU can be observed. These include the Czech Republic, Denmark, Hungary, Poland, Portugal and the United Kingdom. The latter is included as an “extreme” case in which the change in constitutional strategy over time has resulted in withdrawing from the Union altogether. Taken together, the book assembles the building blocks of an explanatory theory of constitutional strategies in the face of multi-level governance. The volume will be of interest to students and researchers in comparative constitutional law, political science and multidisciplinary EU studies. It will also be a valuable resource for policy-makers.

Author : Xenophon Contiades
Publisher : Routledge
Page : 316 pages
File Size : 46,7 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317161622

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Constitutions in the Global Financial Crisis by Xenophon Contiades Pdf

This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume’s extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.

Author : Beáta Bakó
Publisher : Taylor & Francis
Page : 243 pages
File Size : 45,6 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000814316

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Challenges to EU Values in Hungary by Beáta Bakó Pdf

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 : Anonim
Publisher : BRILL
Page : 474 pages
File Size : 55,9 Mb
Release : 2024-03-04
Category : Social Science
ISBN : 9789004690622

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Elections in Times of a Pandemic – Dilemmas and Challenges by Anonim Pdf

The COVID-19 pandemic demonstrated that unexpected and unpredictable situations can hinder the conduct of general elections around the world. The book is a comprehensive analysis of the organization of elections during the COVID-19 pandemic. In addition to the theoretical perspective, it familiarizes the public with specific electoral solutions adopted during the pandemic in selected European countries (Italy, Germany, Lithuania, Serbia, Russia, Czech Republic, Estonia, Latvia, Liechtenstein, Poland). The editors believe that this book will bring closer the specific solutions adopted in the considered countries during the COVID-19 pandemic and provide readers with a multi-faceted understanding of elections in emergency situations. Contributors are: Roman Bäcker, Ryszard Balicki, Piotr Chrobak, Rafał Dudała, Kamil Glinka, Maciej Górny, Maciej Hartliński, Marcin Jastrzębski, Izabela Kapsa, Agnieszka Kasińska-Metryka, Joanna Kielin-Maziarz, Jakub Klepański, Oliwia Kowalik, Krzysztof Koźbiał, Aleksandra Kuczyńska-Zonik, Natalia Kusa, Elżbieta Lesiewicz, Natasza Lubik-Reczek, Agnieszka Łukasik-Turecka, Paweł Malendowicz, Martinas Maluzinas, Radosław Marzęcki, Magdalena Musiał-Karg, Adam Pluszczyk, Agata Pyrzyńska, Marcin Rachwał, Joanna Rak, Kamila Sierzputowska, Krzysztof Skotnicki, Piotr Walewicz, Jacek Wojnicki, and Waldemar Wojtasik.

Author : Upendra Baxi
Publisher : Unknown
Page : 292 pages
File Size : 43,7 Mb
Release : 1980
Category : Courts
ISBN : UCAL:B3455526

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The Indian Supreme Court and Politics by Upendra Baxi Pdf

Author : Rehan Abeyratne,Ngoc Son Bui
Publisher : Routledge
Page : 318 pages
File Size : 44,6 Mb
Release : 2021-11-30
Category : Law
ISBN : 9781000483734

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The Law and Politics of Unconstitutional Constitutional Amendments in Asia by Rehan Abeyratne,Ngoc Son Bui Pdf

This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.

Author : Tímea Drinóczi,Agnieszka Bień-Kacała
Publisher : Routledge
Page : 170 pages
File Size : 46,9 Mb
Release : 2021-09-15
Category : Law
ISBN : 9781000428766

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Illiberal Constitutionalism in Poland and Hungary by Tímea Drinóczi,Agnieszka Bień-Kacała Pdf

This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population. The work consists of seven Parts. Part I outlines the volume’s ambitions and provides an introduction. Part II discusses the theoretical framework and clarifies the terminology adopted in the book. Part III provides an in-depth insight into the constitutional identity of Poles and Hungarians and argues that an unbalanced constitutional identity has been moulded throughout Polish and Hungarian history in which emotional traits of collective victimhood and collective narcissism, and a longing for a charismatic leader have been evident. Part IV focuses on the emergence of illiberal constitutionalism, and, based on both quantitative and qualitative analyses, argues that illiberal constitutionalism is neither modern authoritarianism nor authoritarian constitutionalism. This Part contextualizes the issue by putting the deterioration of the Rule of Law into a European perspective. Part V explores the legal nature of illiberal legality when it is at odds and in compliance with the European Rule of Law, illiberal democracy, focusing on electoral democracy and legislative processes, and illiberalization of human rights. Part VI investigates whether there is a clear pattern in the methods of remodeling, or distancing from constitutional democracy, how it started, consolidated, and how its results are maintained. The final Part presents the author’s conclusions and looks to the future. The book will be an invaluable resource for scholars, academics and policy-makers interested in Constitutional Law and Politics.