Populist Constitutionalism And Illiberal Democracies

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Populist Constitutionalism and Illiberal Democracies

Martin Belov
Populist Constitutionalism and Illiberal Democracies Book PDF

Author : Martin Belov
Publisher : Unknown
Page : 378 pages
File Size : 42,7 Mb
Release : 2021
Category : Democracy
ISBN : 1839701390

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Populist Constitutionalism and Illiberal Democracies by Martin Belov Pdf

This book is a topical study of populist constitutionalism and illiberal democracies, exploring their roots in constitutional imagination as well as their normative entrenchment and performance in political reality. It provides insightful analysis of republican constitutionalism, focusing on the role of people in radical democracy and revolutionary constitutional reform. Furthermore, the outlook, adequacy and performance of constitutional principles in times of democratic ruptures are assessed. The contributors examine the rise of populist constitutionalism and the main trends that have led to the current, ongoing crises in liberal democracy. The book includes original analyses of populist constitutionalism from the viewpoint of emotions and constitutional imagination, as well as a special chapter devoted to the challenges posed to constitutional democracy by COVID-19. Combining theoretical contributions, comparative typologies and important case studies, the spread of populism and illiberal democracy in Europe is critically explored. Populist Constitutionalism and Illiberal Democracies is a timely contribution to the lively discussion surrounding constitutional law, comparative constitutional law, comparative constitutionalism and political science regarding the rise and spread of illiberal democracies, authoritarian political regimes and revolutionary, radical democratic and populist constitutionalism. With contributions by Martin Belov (University of Sofia 'St. Kliment Ohridski'), Agnieszka Bien-Kacala (Nicolaus Copernicus University in Torun), Paul Blokker (University of Bologna), Monica Bonini (Università degli Studi di Milano-Bicocca), Carlo Alberto Ciaralli (University 'G. d'Annunzio' of Chieti-Pescara), Eoin Daly (National University of Ireland), Gianmario Demuro (University of Cagliari), Tímea Drinóczi (University of Pécs), Wojciech Engelking (University of Warsaw), Angela Di Gregorio (University of Milano), Marcin Kilanowski (Nicolaus Copernicus University in Torun), Zoltán Pozsár-Szentmiklósy (ELTE Eötvös Loránd University), Przemyslaw Tacik (Jagiellonian University of Kraków), Anna Tarnowska (Nicolaus Copernicus University in Torun), Zoltan J. Toth (Károli Gáspár University), Julia Wesolowska (Jagiellonian University of Kraków) and Wojciech Wloch (Nicolaus Copernicus University in Torun).

Illiberal Constitutionalism in Poland and Hungary

Tímea Drinóczi,Agnieszka Bień-Kacała
Illiberal Constitutionalism in Poland and Hungary Book PDF

Author : Tímea Drinóczi,Agnieszka Bień-Kacała
Publisher : Routledge
Page : 170 pages
File Size : 45,9 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.

Routledge Handbook of Illiberalism

András Sajó,Renáta Uitz,Stephen Holmes
Routledge Handbook of Illiberalism Book PDF

Author : András Sajó,Renáta Uitz,Stephen Holmes
Publisher : Routledge
Page : 1024 pages
File Size : 41,5 Mb
Release : 2021-11-30
Category : Political Science
ISBN : 9781000479454

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Routledge Handbook of Illiberalism by András Sajó,Renáta Uitz,Stephen Holmes Pdf

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.

Power to the People

Mark Tushnet,Bojan Bugaric
Power to the People Book PDF

Author : Mark Tushnet,Bojan Bugaric
Publisher : Oxford University Press
Page : 297 pages
File Size : 41,5 Mb
Release : 2021-11-22
Category : Law
ISBN : 9780197606735

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Power to the People by Mark Tushnet,Bojan Bugaric Pdf

Self-described populist leaders around the world are dismantling their nation's constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. Context and detail matter. Power to the People offers a thin definition of constitutionalism that people from the progressive left to the conservative right should be able to agree on even if they would supplement the thin definition within other more partisan ideas. This is followed by a similarly basic definition of populism. Comparing the two, this book argues that one facet of populism -its suspicion of institutions that are strongly entrenched against change by political majorities-is sometimes inconsistent with constitutionalism's thinly understood definition. The book provides a series of case studies, some organized by nation, others by topic, to identify, more precisely, when and how populist programs are inconsistent with constitutionalism-and, importantly, when and how they are not. Concluding with a discussion of the possibilities for a deeper, populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new, albeit revisable, institutions that can determine and implement a majority's views without always threatening constitutionalism.

Populism and Civil Society

Andrew Arato,Jean L. Cohen
Populism and Civil Society Book PDF

Author : Andrew Arato,Jean L. Cohen
Publisher : Oxford University Press
Page : 321 pages
File Size : 51,9 Mb
Release : 2021
Category : Political Science
ISBN : 9780197526583

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Populism and Civil Society by Andrew Arato,Jean L. Cohen Pdf

Introduction -- Populism : why and why now? -- Populism as mobilization and as a party -- Populist governments and their logic -- Populism and constitutionalism -- Alternatives to populism.

A Pluralist Theory of Constitutional Justice

Michel Rosenfeld
A Pluralist Theory of Constitutional Justice Book PDF

Author : Michel Rosenfeld
Publisher : Unknown
Page : 0 pages
File Size : 40,8 Mb
Release : 2022
Category : Constitutional law
ISBN : 0192607367

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A Pluralist Theory of Constitutional Justice by Michel Rosenfeld Pdf

Liberal constitutionalism has come under sharp attack as globalization led to a confluence of huge disparities in wealth, identity-based alienation triggered by mass migration, and accompanying erosions of democracy. Liberal constitutionalism has also been challenged by illiberal populists who have adapted its framework to mask their aim to subvert its core values. These developments bring the nexus between the constitution and justice to the fore, and in particular that concerning distributive justice in its three dimensions of redistribution, recognition, and representation. The book provides a systematic account of the central role of distributive justice in the normative legitimation of liberal constitutions. Because what distributive justice requires is highly contested and constitutions are supposed to be susceptible of garnering a consensus among those they govern, constitutions only ought to guarantee essential but limited aspects of justice. Drawing on Rawls' insight that distributive justice calls for "constitutional essentials," the book advances the thesis that liberal constitutions must incorporate certain "justice essentials." The book is divided into three parts. Part I examines the combination of current legal, economic, political, and ideological developments that pose challenges to the normative viability of liberal constitutionalism. Part II offers a rereading of the relevant philosophical and jurisprudential literature that sheds crucial theoretical light on the relationship between constitution and justice. This rereading draws on key figures in both the analytic and the continental traditions. Finally, Part III makes the case for a thoroughly pluralistic approach being optimal in the quest for a constitution's justice essentials.

Ruling by Cheating

András Sajó
Ruling by Cheating Book PDF

Author : András Sajó
Publisher : Cambridge University Press
Page : 630 pages
File Size : 45,7 Mb
Release : 2021-08-12
Category : Law
ISBN : 9781108956314

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Ruling by Cheating by András Sajó Pdf

There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas.

Rule of Law, Common Values, and Illiberal Constitutionalism

Tímea Drinóczi,Agnieszka Bień-Kacała
Rule of Law Common Values and Illiberal Constitutionalism Book PDF

Author : Tímea Drinóczi,Agnieszka Bień-Kacała
Publisher : Routledge
Page : 166 pages
File Size : 54,6 Mb
Release : 2020-09-08
Category : Law
ISBN : 9781000172430

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Rule of Law, Common Values, and Illiberal Constitutionalism by Tímea Drinóczi,Agnieszka Bień-Kacała Pdf

This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.

Populism and Contemporary Democracy in Europe

Josep Maria Castellà Andreu,Marco Antonio Simonelli
Populism and Contemporary Democracy in Europe Book PDF

Author : Josep Maria Castellà Andreu,Marco Antonio Simonelli
Publisher : Springer Nature
Page : 341 pages
File Size : 51,8 Mb
Release : 2022-04-12
Category : Political Science
ISBN : 9783030928841

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Populism and Contemporary Democracy in Europe by Josep Maria Castellà Andreu,Marco Antonio Simonelli Pdf

This book provides a comprehensive analysis of the impact of populism on the European democratic polity. In the last two decades, European democracies have come under strain amid growing populism. By asserting the superiority of the majority over the law, of direct democracy over representation, and claiming the necessity to defend national sovereignty against foreign interferences, the populist conception of democracy is in stark contrast with the longstanding Western notion of liberal democracy. This volume investigates populist attempts to radically change what Bobbio called the “rules of the game” of democracy from an eminently legal perspective. Weaving together normative and empirical analysis, the contributions focus on the institutions that have suffered the most from the rise of populism as well as those that have better resisted the populist tide. Special attention will be paid to the Venice Commission’s opinions and documents, as they represent the best European standards to evaluate the extent to which populism deviates from constitutional democracy requirements. The book also considers the responses of European States to the explosion of the COVID-19 pandemic. The COVID-19 pandemic has indeed been an accelerator of known and studied trends in most constitutional systems, such as the concentration of powers in the executive hands and the consequential loss of parliament's centrality. Various forms of populism across Europe have thus found an ideal breeding ground to implement their agenda of granting the executive broad regulatory and decision-making powers while loosening parliamentary and judicial checks. Against this backdrop, the book analyses how European democracies should adapt to the challenges posed by the pandemic, as this reflection can help respond to populist threats and propose a way forward for liberal democracy.

Populism and Democracy

Sascha Hardt,A. W. Heringa,Hoai-Thu Nguyen
Populism and Democracy Book PDF

Author : Sascha Hardt,A. W. Heringa,Hoai-Thu Nguyen
Publisher : Unknown
Page : 376 pages
File Size : 53,9 Mb
Release : 2020
Category : Law
ISBN : 9490947237

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Populism and Democracy by Sascha Hardt,A. W. Heringa,Hoai-Thu Nguyen Pdf

Are liberal democracies in decline? If they are, what role does populism play in this? What can and should democracies do to defend their core features against 'democratic decay'? And which features can be considered essential? These are difficult questions further complicated by the realisation that their answers depend on perspective. Populism and democratic decay are global phenomena but they play out differently in different countries and regions. They also cannot be properly understood through the lens of one discipline alone. This book brings together scholars of political science and law, who look at populism, democratic decay, and possible means to protect democratic constitutionalism from global, regional (European) and national angles. The book is made up of two parts. The first part discusses general aspects of populism. The second part of the book consists of seven country reports and one regional report; each analysing the success or failure of national constitutional safeguards against populism in the local constitutional and socio-political context. From East-Central Europe to the United Kingdom, from Italy to the Philippines, the pictures painted in these articles are diverse, yet enlightening and relevant from a comparative perspective. This volume is part of a research project on populism and democracy conducted at Maastricht University, Faculty of Law, and funded by the Statesman Thorbecke Fund at the Dutch Royal Academy of Sciences (knaw).

Democratic Decline in Hungary

András L. Pap
Democratic Decline in Hungary Book PDF

Author : András L. Pap
Publisher : Routledge
Page : 176 pages
File Size : 52,9 Mb
Release : 2017-08-03
Category : Law
ISBN : 9781351684675

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Democratic Decline in Hungary by András L. Pap Pdf

This book shows the rise and morphology of a self-identified `illiberal democracy’, the first 21st century illiberal political regime arising in the European Union. Since 2010, Viktor Orbán’s governments in Hungary have convincingly offered an anti-modernist and anti-cosmopolitan/anti-European Unionist rhetoric, discourse and constitutional identity to challenge neo-liberal democracy. The Hungarian case provides unique observation points for students of transitology, especially those who are interested in states which are to abandon pathways of liberal democracy. The author demonstrates how illiberalism is present both in `how’ and `what’ is being done: the style, format and procedure of legislation; as well as the substance: the dismantling of institutional rule of law guarantees and the weakening of checks and balances. The book also discusses the ideological commitments and constitutionally framed and cemented value preferences, and a reconstituted and re-conceptualized relationship between the state and its citizens, which is not evidently supported by Hungarians’ value system and life-style choices.

Radical Democracy and Populism

Leonardo Fiorespino
Radical Democracy and Populism Book PDF

Author : Leonardo Fiorespino
Publisher : Springer Nature
Page : 321 pages
File Size : 46,5 Mb
Release : 2022-03-02
Category : Philosophy
ISBN : 9783030849696

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Radical Democracy and Populism by Leonardo Fiorespino Pdf

This book offers an extensive comparative analysis of populism and radical democratic theories, tracing the line dividing the respective conceptions of ‘people’ and ‘popular sovereignty’. Whereas populism is often said to intertwine with democracy in some way, the contention of this book is that it significantly departs from democratic theory and practice, and belongs to a distinct conceptual space. It cannot be made to overlap, for instance, with “illiberal democracy”, the “democratic myth”, a crude electoral majoritarianism, nor can it amount to hiding undemocratic policies into properly democratic justifications. These positions, frequent as they are in the literature, are contested on the grounds of the dividing line identified, which starts unfolding at the level of the conception of ‘the people’ – i.e., of the sovereign – presupposed by populists and democrats. This book is of great interest to scholars involved in the study of democratic theory, contemporary challenges to democracy and the recent upsurge of populist discourse, as it helps better understand populism as a political phenomenon and more adequately defines it as a self-standing concept in political theory.

Postliberal Constitutionalism

Adam Sulikowski
Postliberal Constitutionalism Book PDF

Author : Adam Sulikowski
Publisher : Taylor & Francis
Page : 189 pages
File Size : 47,5 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000832839

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Postliberal Constitutionalism by Adam Sulikowski Pdf

This book addresses recent changes in Central and Eastern Europe in order to critically consider the impact of illiberal conservatism on constitutionalism. Right-wing populism and the illiberal constitutionalism of Central and Eastern Europe have challenged both the dominant views of legal scholars and those elements of the legal mainstream that appeared to be firmly entrenched and resistant to change. But, as this book demonstrates, in practical terms, the anti-liberal right has made use of critical methods that were originally conceived as tools for use in emancipatory and left-wing action, absorbing and utilizing a great many of the ideas associated with critical jurisprudential thought. In short, this book maintains, conservative illiberalism has taken over the role that postmodernism could have played: the role of a ‘jester discourse’ relativizing the certainties and finality of liberal democracy. As the book argues, however, what this connection reveals is the necessity of a legal and political response that does not simply and hysterically reaffirm the former liberal hegemony. Rather, drawing on Foucault and post-Marxism, it articulates a concept of agonistic democracy that aims to shift the center of gravity in constitutional discourse away from any naive liberal faith in the nonpolitical. This book will appeal to constitutional lawyers, as well as to legal and political theorists with interests in contemporary populism and liberal thought.

Constitutional Populism

Martin Krygier,Adam Czarnota,Wojciech Sadurski
Constitutional Populism Book PDF

Author : Martin Krygier,Adam Czarnota,Wojciech Sadurski
Publisher : Cambridge University Press
Page : 577 pages
File Size : 46,6 Mb
Release : 2022-03-31
Category : Law
ISBN : 9781316516164

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Constitutional Populism by Martin Krygier,Adam Czarnota,Wojciech Sadurski Pdf

Explores a range of anti-constitutionalist populist regimes, identifying and analysing their causes, characteristics and consequences.

Populism and Democracy

Sascha Hardt
Populism and Democracy Book PDF

Author : Sascha Hardt
Publisher : Unknown
Page : 376 pages
File Size : 51,5 Mb
Release : 2020
Category : Electronic
ISBN : 9054546697

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Populism and Democracy by Sascha Hardt Pdf

Are liberal democracies in decline? If they are, what role does populism play in this? What can and should democracies do to defend their core features against 'democratic decay'? And which features can be considered essential? These are difficult questions further complicated by the realisation that their answers depend on perspective. Populism and democratic decay are global phenomena but they play out differently in different countries and regions. They also cannot be properly understood through the lens of one discipline alone. This book brings together scholars of political science and law, who look at populism, democratic decay, and possible means to protect democratic constitutionalism from global, regional (European) and national angles. The book is made up of two parts. The first part discusses general aspects of populism. The second part of the book consists of seven country reports and one regional report; each analysing the success or failure of national constitutional safeguards against populism in the local constitutional and socio-political context. From East-Central Europe to the United Kingdom, from Italy to the Philippines, the pictures painted in these articles are diverse, yet enlightening and relevant from a comparative perspective. This volume is part of a research project on populism and democracy conducted at Maastricht University, Faculty of Law, and funded by the Statesman Thorbecke Fund at the Dutch Royal Academy of Sciences (knaw). Bron: Flaptekst, uitgeversinformatie.