Polands Constitutional Breakdown
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Author | : Wojciech Sadurski |
Publisher | : |
Total Pages | : 305 |
Release | : 2019 |
Genre | : 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 |
Total Pages | : 263 |
Release | : 2012-07-26 |
Genre | : 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 | : M. Brzezinski |
Publisher | : Springer |
Total Pages | : 268 |
Release | : 1997-10-29 |
Genre | : History |
ISBN | : 0230508626 |
This first time in paperback is the best comprehensive examination of the development of constitutionalism in Poland. In particular, this book examines Poland's long-term constitutional history, the adoption of a new constitutional framework after 1989, and the establishment of structures and procedures designed to institutionalize enduring respect for constitutional rules and principles. Notwithstanding continuing challenges in Poland, the groundwork for constitutionalism based on notions of limited government and reflective of European constitutional norms has emerged from the collapse of the communist system of power.
Author | : Armin von Bogdandy |
Publisher | : Springer Nature |
Total Pages | : 478 |
Release | : 2021-01-05 |
Genre | : 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 | : Rosalind Dixon |
Publisher | : Oxford University Press |
Total Pages | : 241 |
Release | : 2021 |
Genre | : 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 | : Gerald L. Neuman |
Publisher | : Cambridge University Press |
Total Pages | : 297 |
Release | : 2020-04-09 |
Genre | : 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 |
Total Pages | : 268 |
Release | : 1996-09 |
Genre | : 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 | : Ran Hirschl |
Publisher | : Oxford University Press, USA |
Total Pages | : 273 |
Release | : 2020 |
Genre | : Law |
ISBN | : 019092277X |
"More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--
Author | : Uladzislau Belavusau |
Publisher | : Oxford University Press, USA |
Total Pages | : 385 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0198864736 |
This volume brings together leading scholars of comparative constitutional law to reflect on current challenges to liberal constitutionalism and democratic governance, as inspired by the work of Professor Wojciech Sadurski.
Author | : Tímea Drinóczi |
Publisher | : Routledge |
Total Pages | : 166 |
Release | : 2020-09-08 |
Genre | : Law |
ISBN | : 1000172430 |
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.