Populist Challenges To Constitutional Interpretation In Europe And Beyond
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Populist Challenges To Constitutional Interpretation In Europe And Beyond
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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.
Judicial Activism In An Age Of Populism
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Author : Sonja Grover
language : en
Publisher: Taylor & Francis
Release Date : 2023-03-31
Judicial Activism In An Age Of Populism written by Sonja Grover and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-31 with Political Science categories.
This book explores the range of meanings attributed to the terms ‘judicial activism’ and ‘populism’ in contemporary times and examines the potential interplay between these two phenomena. Drawing upon various political examples, it discusses the implication of populist movements for democratic institutions, policies, and processes. The chapters in this volume examine the impact of populism on judicial decision-making in various socio-cultural contexts. The contributing authors explore the implications of populist beliefs, including those which promote anti-democratic perspectives, on the integrity, independence, and the role of the judiciary in a democratic society. This volume offers unique international perspectives on the concern that populist initiatives may be and continue to be a threat to democratic foundational values and principles. Judicial Activism in an Age of Populism will be a beneficial read for students of Politics, Sociology, Public Administration and Management, and Law and Society. It was originally published as a special issue of The International Journal of Human Rights.
Constitutional Justice Under Populism
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Author : Fruzsina Gárdos-Orosz
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-03-19
Constitutional Justice Under Populism written by Fruzsina Gárdos-Orosz and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-19 with Law categories.
Features: Since the subject-matter of the volume is by its approach of constitutional change in populism is an unexamined one, neither a monograph nor an edited volume on the effects of populism on a specific legal institution, one already facing different external challenges (financial crisis, migration, security crisis, Covid-19 etc. issues), has been published so far. The book follows a unique approach in the framework of populist constitutionalism studies, because it combines the following features: focuses on one of the greatest contemporary challenges to constitutional democracies; is authored by a pre-eminent scholar of Hungarian law; gives insight into the various problems of constitutional review, the transformation of the institution by constitution-making and legislation and its legal practice; and contributes to the theories of and knowledge on the impacts of external challenges, especially those created by political systems, on the constitution and law by focusing on studying the transformation of the Hungarian Constitutional Court. it provides additional information with high contextual value to the book edited by the author: Fruzsina Gárdos-Orosz, together with Kinga Zakariás, entitled: 30 Years of jurisprudence of the Hungarian Constitutional Court 1990-2020 (Nomos Verlag, Baden-Baden, 2022). Benefits: Because of the uniqueness of the topic of the book, its target group includes scholars and practitioners from all over the world who are interested in populism studies, comparative constitutional systems, and especially in Hungarian law and jurisprudence, as well as constitutional review. It will be an important reference, as it gives insight into the Hungarian ways of the legal treatment of the most urgent present-day challenges in the framework of populist constitutionalism. Both the various patterns of responding to the modern challenges and their analyses provided by this book should stimulate intensive academic discussion. University students of faculties of law and political science can also be interested in this book. Furthermore, judges, especially judges of constitutional courts and supreme courts could also be a target audience of the proposed book, due to the extensive relevance of the judicial dialogue in contemporary jurisprudence. Shared knowledge about the new methods of studying populist change, legislation and the reaction of the courts to it may be of wide interest. Keywords: constitutional review, constitutional justice in Hungary, Hungarian constitutional law, populism and courts, populism, illiberal democracy, Hungarian Constitutional Court, comparative constitutional review Author: Fruzsina GÁRDOS-OROSZ Fruzsina Gárdos-Orosz is director and research professor of the Institute for Legal Studies, Centre for Social Sciences and also professor of public law at the ELTE Law School in Budapest. She worked at the Hungarian Constitutional Court between 2003-2007 and 2010-2014 as law clerk in different positions. She has published extensively on the development of the Hungarian constitutional system, the constitutional complaint procedure and on the competence of the Constitutional Court. She has over 150 publications in Hungarian, English and French on the rule of law and the separation of powers, with regard to judicial review and the protection of human rights. https://jog.tk.hu/kutato/gardos-orosz-fruzsina
Populism And Contemporary Democracy In Europe
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Author : Josep Maria Castellà Andreu
language : en
Publisher: Springer Nature
Release Date : 2022-04-12
Populism And Contemporary Democracy In Europe written by Josep Maria Castellà Andreu and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-12 with Political Science categories.
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.
Development Of The Constitutions In China And The Visegrad States
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Author : Lu Da
language : en
Publisher: Springer Nature
Release Date : 2021-08-30
Development Of The Constitutions In China And The Visegrad States written by Lu Da and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-30 with Law categories.
This book deals with the development of constitutional law in China and Visegrad states by employing a comparative perspective. It is the first time that the researcher compared the constitutional development in the China and the Visegrad states. It offers a few glimpses of development of constitution in the (former) socialist states to readers who are interested in the constitutional law or China–V4 relations. With the increased cooperation between China and V4 countries, this book gives the undergraduates in the university to think about the BRI and 17+1 network from a Chinese perspective. Last, compared to the previous works which mainly focus on North America and/or Western Europe, this book provides a new angle on comparative constitutional law.
Constitutional Law In Hungary
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Author : Zoltán Szente
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-04-17
Constitutional Law In Hungary written by Zoltán Szente and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-17 with Law categories.
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.
Constitutionality Of Law Without A Constitutional Court
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Author : Mirosław Granat
language : en
Publisher: Taylor & Francis
Release Date : 2023-09-01
Constitutionality Of Law Without A Constitutional Court written by Mirosław Granat and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-01 with Law categories.
This book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point of the research is the emergence of the so-called illiberal constitutionalism in several states, namely Poland, Hungary and Turkey, as this phenomenon gravely affects the functioning of constitutional courts. The work is divided into three parts. The first contains contributions of a theoretical nature dedicated to the current shape of constitutional review, in particular in the light of the emergence of "illiberal constitutionalism". This part of the book also deals with the collapse of the centralised constitutional review in Poland and the attempts to resolve the constitutional crisis. The second is focused on discussing specific, current problems with constitutional review, on the basis of states such as Hungary, Romania, Turkey and Poland. The third relates to other forms of constitutional review, that is, the so-called dispersed model and the parliamentary one executed in the course of the legislative process. The contributions discuss such forms of constitutional review in the Netherlands and Finland. The book will be a valuable resource for students, academics and policy-makers working in the areas of constitutional law and politics.
The Resilience Of The Hungarian Legal System Since 2010
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Author : Fruzsina Gárdos-Orosz
language : en
Publisher: Springer Nature
Release Date : 2024-11-11
The Resilience Of The Hungarian Legal System Since 2010 written by Fruzsina Gárdos-Orosz and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-11 with Law categories.
This open access book explains the factors that cause the poor functioning or failure of certain legal institutions or the success of others in the current Hungarian legal system after the 2010 transition from liberal to illiberal/populist democracy. The authors argue in most regulatory areas that reform is needed in lawmaking or in the application and practice of law, because there are systemic problems with the law’s capacity for doctrinal resilience, which lead to the primacy of other regulators than law, such as the populist politics. An understanding of these processes is essential for the implementation of sound law and legal policy reforms, for the maintenance of the legal guarantee system and for the successful development of institutions protecting and providing the fundamental rights. The volume documents how the Hungarian legal system changed after 2010, on the one hand, and conceptualises these changes with the help of ‘resilience’, on the other hand.
Multiple Populisms
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Author : Paul Blokker
language : en
Publisher: Routledge
Release Date : 2019-09-17
Multiple Populisms written by Paul Blokker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-17 with Political Science categories.
This book provides a comprehensive interpretation of the multiple manifestations of populism using Italy, the only country amongst consolidated constitutional democracies in which populist political forces have been in government on various occasions since the early 1990s, as the starting point and benchmark. Populism is a complex, multi-faceted political phenomenon which redefines many of the essential characteristics of democracy; participation, representation, and political conflict. This book considers contemporary versions of populism that pose a real challenge to representative and constitutional democracy. Contributors provide an integrative interpretation of populism and analyse its principal historical, social and politico-legal variables to provide a multi-dimensional reflection on the concept of populism, comprehensive analysis of the populist phenomenon and a theoretical and comparative perspective on the diverse political experiences of populism. Based on conceptual and interdisciplinary reflections from expert authors, this book will be of great interest to scholars and post-graduate students of cultural studies, European studies, political sociology, political science, comparative politics, political philosophy, and political theory with an interest in a comparative and interdisciplinary theory of populism and its manifestations.
Constitutional Review In Western Europe
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Author : Kálmán Pócza
language : en
Publisher: Taylor & Francis
Release Date : 2024-04-16
Constitutional Review In Western Europe written by Kálmán Pócza and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-16 with Law categories.
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.