Global Constitutionalism And Its Challenges To Westphalian Constitutional Law
DOWNLOAD
Download Global Constitutionalism And Its Challenges To Westphalian Constitutional Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Global Constitutionalism And Its Challenges To Westphalian Constitutional Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Global Constitutionalism And Its Challenges To Westphalian Constitutional Law
DOWNLOAD
Author : Martin Belov
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-05-31
Global Constitutionalism And Its Challenges To Westphalian Constitutional Law written by Martin Belov and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-31 with Law categories.
Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in the foundations of Western modernity, such as humanism and rationalism, and is organised around familiar principles of national sovereignty, the rule of law, the separation of powers, and democracy. But since the end of the twentieth century, global constitutionalism has gradually emerged, challenging both the constitutional ideology and the constitutional design of Westphalian constitutional law. This book critically assesses the structural and functional transformations in the Westphalian constitutional tradition produced by the emergence of supranational and global constitutionalism. In so doing, it evaluates the theory of global constitutionalism, its legal and socio-political limits, and important issues concerning the supranational constitutionalism of the EU. This leads to an articulation of the constitutional theory of the emerging post-Westphalian constitutionalism, examining its development during a period of significantly increased access to and sharing of information, increased mobility and more open statehood, as well as the rise of human rights and its encounter with populism and nationalism. This book will be of great interest to scholars of constitutional law and theory, particularly those with an interest in globalisation and supranationalism.
Global Constitutionalism From European And East Asian Perspectives
DOWNLOAD
Author : Takao Suami
language : en
Publisher: Cambridge University Press
Release Date : 2018-11-29
Global Constitutionalism From European And East Asian Perspectives written by Takao Suami and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-29 with History categories.
Examines and compares East Asian and European perspectives of Global Constitutionalism.
The Frontiers Of Public Law
DOWNLOAD
Author : Jason NE Varuhas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-01-09
The Frontiers Of Public Law written by Jason NE Varuhas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-09 with Law categories.
This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.
Representative Democracy In Flux
DOWNLOAD
Author : Martin Belov
language : en
Publisher: Taylor & Francis
Release Date : 2025-05-30
Representative Democracy In Flux written by Martin Belov and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-30 with Law categories.
This book delves into the core of representative democracy in order to explain its main features – institutional and imaginary – and to show the reasons for its increasing dysfunctionality. The collection explores the constitutional imaginaries of representation. It outlines the main factors influencing the failures of representative democracy, in an age of constitutional crisis and transition, being gradually deconstructed via tendencies toward authoritarianism and technocracy. Special attention is devoted to the impact of the politics of fear on representative democracy. The analysis shows the main challenges stemming from national, international, transnational, and supranational technocracy produced by the increased role of administration, agencies, and courts. It exposes representative democracy as a composite phenomenon stretched between reason and emotions and between the constitutional past, present, and future. The volume will be of interest to researchers, academics, and policymakers working in the areas of constitutional law and politics, comparative constitutional law, administrative law, human rights law, and theory and philosophy of law.
Rethinking Comparative Law
DOWNLOAD
Author : Glanert, Simone
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-19
Rethinking Comparative Law written by Glanert, Simone and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-19 with Law categories.
Over the past decades, the field commonly known as comparative law has significantly expanded. The multiplication of journals, the proliferation of scholarship and the creation of courses or summer schools specifically devoted to comparative law attest to its increasing popularity. Within the Western legal tradition, a traditional, black-letter approach to law has proved particularly authoritative. This co-authored book rethinks comparative law’s mainstream model by providing both students and lawyers with the intellectual equipment allowing them to approach any foreign law in a more meaningful way.
Territorial Politics And Secession
DOWNLOAD
Author : Martin Belov
language : en
Publisher: Springer Nature
Release Date : 2021-03-29
Territorial Politics And Secession written by Martin Belov and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-29 with Political Science categories.
This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.
Populist Challenges To Constitutional Interpretation In Europe And Beyond
DOWNLOAD
Author : Fruzsina Gárdos-Orosz
language : en
Publisher: Routledge
Release Date : 2021-05-03
Populist Challenges To Constitutional Interpretation In Europe And Beyond written by Fruzsina Gárdos-Orosz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-03 with Business & Economics categories.
This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Constitutional Semiotics
DOWNLOAD
Author : Martin Belov
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-06-30
Constitutional Semiotics written by Martin Belov and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-30 with Law categories.
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.
Peace Discontent And Constitutional Law
DOWNLOAD
Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2021-05-24
Peace Discontent And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-24 with Law categories.
This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.
Rule Of Law In Crisis
DOWNLOAD
Author : Martin Belov
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-30
Rule Of Law In Crisis written by Martin Belov and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-30 with Law categories.
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.