Book Description
Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy?
Author : Wojciech Sadurski
Publisher :
Page : 305 pages
File Size : 22,38 MB
Release : 2019
Category : Law
ISBN : 0198840500
Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy?
Author : Wojciech Sadurski
Publisher : Oxford University Press
Page : 263 pages
File Size : 15,14 MB
Release : 2012-07-26
Category : Law
ISBN : 0199696780
Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.
Author : Armin von Bogdandy
Publisher : Springer Nature
Page : 478 pages
File Size : 10,59 MB
Release : 2021-01-05
Category : Law
ISBN : 366262317X
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Author : Gerald L. Neuman
Publisher : Cambridge University Press
Page : 297 pages
File Size : 21,52 MB
Release : 2020-04-09
Category : Law
ISBN : 1108485499
Leading experts examine the threats posed by populism to human rights and the international systems and explore how to confront them.
Author : Jon Elster
Publisher : University of Chicago Press
Page : 268 pages
File Size : 17,58 MB
Release : 1996-09
Category : Political Science
ISBN : 9780226206288
In five country-specific reports, senior scholars provide detailed accounts of the talks in Bulgaria, Poland, Hungary, Czechoslovakia, and the German Democratic Republic. These essays capture the historical circumstances of these countries - their traditions, customs, and the balance of influence between competing factions - that often took precedence over constitutional ideals.
Author : Wojciech Sadurski
Publisher : Oxford University Press
Page : 305 pages
File Size : 50,97 MB
Release : 2019-05-16
Category : Law
ISBN : 0192576968
Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.
Author : Uladzislau Belavusau
Publisher :
Page : 385 pages
File Size : 42,24 MB
Release : 2020
Category : Law
ISBN : 0198864736
Constitutionalism under Stress reflects on comparative constitutionalism in Central and Eastern Europe through the lens of leading legal scholar Professor Wojciech Sadurski, whose writings have anticipated and scrutinized the current decline of liberal democracies and populist challenges to the rule of law in the region.Sadurski's work has chronicled the transition from concern for the most basic of human rights under authoritarian rule to the challenges of democratic governance. The compelling rights discourse of an earlier period gave way to claims of abuse of majoritarian prerogatives as the hopes of liberal democracy encountered the power of illiberalism. The theoretical responses offered for the preservation of liberal democracy, in light of the current turbulence regarding the rule of law in the region, produces a far reaching and effective reference tool on matters of constitutional capture and illiberal democracy.
Author : Rosalind Dixon
Publisher : Oxford University Press
Page : 241 pages
File Size : 46,92 MB
Release : 2021
Category : Authoritarianism
ISBN : 0192893769
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Author : Ran Hirschl
Publisher :
Page : 273 pages
File Size : 35,59 MB
Release : 2020
Category : Law
ISBN : 019092277X
This book traces the origins of constitutional silence about the metropolis; explores how urban agglomeration affects the theory and practice of constitutional democracy; examines the constitutional status and jurisprudence of megacity autonomy/dependence; advances new arguments for granting the metropolis adequate constitutional standing; and probes the political economy of state-city constitutional relations across time and place.
Author : Nadine Strossen
Publisher : Oxford University Press
Page : 233 pages
File Size : 18,75 MB
Release : 2018-04-02
Category : Law
ISBN : 019085913X
The updated paperback edition of HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.