Revolution Transition Memory And Oblivion
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Revolution Transition Memory And Oblivion
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Author : Martin Belov
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25
Revolution Transition Memory And Oblivion written by Martin Belov 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 2020-12-25 with Law categories.
This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change.
Handbook On The Politics Of Memory
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Author : Maria Mälksoo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-01-20
Handbook On The Politics Of Memory written by Maria Mälksoo 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 2023-01-20 with Political Science categories.
Providing a novel multi-disciplinary theorization of memory politics, this insightful Handbook brings varied literatures into a focused dialogue on the ways in which the past is remembered and how these influence transnational, interstate, and global politics in the present.
Rule Of Law In Crisis
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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.
Constitutional Semiotics
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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.
Territorial Politics And Secession
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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.
Courts And Judicial Activism Under Crisis Conditions
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2021-09-22
Courts And Judicial Activism Under Crisis Conditions 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 2021-09-22 with Law categories.
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.
Legal Consciousness
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Author : Jakob v. H. Holtermann
language : en
Publisher: Springer Nature
Release Date : 2025-04-29
Legal Consciousness written by Jakob v. H. Holtermann and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-04-29 with Law categories.
This book is based on presentations and discussions at the special workshop “The concept of Legal Consciousness” held on July 7, 2022, in Bucharest, Romania, as part of thirtieth biennial World Congress of the International Association for the Philosophy of Law and Social Philosophy (IVR). The workshop was focused on the importance of this concept for legal theory, legal sociology, and legal psychology (“psychology and law”). The book consists of fourteen contributions divided into four thematic parts elaborating the following topics: concept of law, methodology of legal sciences, role of legal consciousness in legal theory and legal sociology, adjudication, constitutionalization, modification of the legal system, and the deliberate normative change.
Constitutional Law And Precedent
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Author : Monika Florczak-Wątor
language : en
Publisher: Routledge
Release Date : 2022-03-30
Constitutional Law And Precedent written by Monika Florczak-Wątor and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-30 with Law categories.
This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Delayed Transitional Justice
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Author : Mariana S. Mendes
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-24
Delayed Transitional Justice written by Mariana S. Mendes and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
This book addresses the issue of the timing of transitional justice policies in countries that had negotiated transitions from authoritarianism to democracy. Why are transitional justice measures often being implemented decades after the events they refer to? More specifically, what combination of factors leads to the implementation of transitional justice policies at certain moments in time? And, what explains countries’ different choices and trajectories? To address these questions, this book pursues a comparative analysis of three cases: comparing a case of ‘robust’ implementation of transitional justice measures (Uruguay), a case where only victim-centered measures were approved (Spain), and a case that sits in between these two (Brazil). Through an in-depth empirical analysis of these specific country-cases, and focusing on seven different transitional justice initiatives, the book identifies the determinants behind delayed transitional justice policies and explains why such policies are more robust in some settings than in others. In doing so, it provides a holistic account of post-transitional justice outcomes, offering more general conclusions and insights about the study of the drivers of transitional justice. This book will appeal to scholars and students of transitional justice in politics, law, and sociology, as well as to policymakers involved in the implementation and administration of transitional justice measures.
El Concepto De Poder Constituyente
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Author : Baquerizo Minuche, Jorge
language : es
Publisher: Marcial Pons, Ediciones Jurídicas y Sociales
Release Date : 2021-12-15
El Concepto De Poder Constituyente written by Baquerizo Minuche, Jorge and has been published by Marcial Pons, Ediciones Jurídicas y Sociales this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-15 with Law categories.
¿De qué hablamos cuando hablamos de "poder constituyente"? ¿Cuáles son las condiciones necesarias y suficientes que permiten identificar a ciertos fenómenos sociales y políticos como instancias de "poder constituyente"? ¿Qué lugar tiene el concepto de "poder constituyente" dentro de la explicación del origen y el fundamento de los ordenamientos jurídicos? Estas son algunas de las preguntas básicas que, en el presente estudio, se intentarán responder mediante el análisis del concepto de "poder constituyente" en clave jurídica y el uso de varios instrumentos de la filosofía analítica receptados por la teoría del derecho. En los tres capítulos que conforman este libro se procederá a: i) una labor de desambiguación del significado de la expresión "poder constituyente"; ii) una labor de clarificación respecto de cómo se encuentra construido el concepto de "poder constituyente" relevante para el derecho; y iii) una labor conectiva, que supone relacionar o conectar el concepto de "poder constituyente" con otros conceptos utilizados dentro de la teoría jurídica para explicar el origen y el fundamento del derecho de los Estados.