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Constitutional Politics in Central and Eastern Europe
The contributions to this edited volume discuss constitutional politics in 20 Central and Eastern European countries. The country chapters describe all constitutional amendments and new constitutions after the first post-communist constitution-making, all failed amendment attempts, and the political discourses about constitutional politics. Framed by a broad comparative chapter, the country studies are embedded in the established literature on constitutional politics. The book thus provides a better understanding of constitutional politics in the region and beyond.
The Limits and Legitimacy of Referendums
The possibility of democracy-enhancing uses and anti-democratic abuses of referendums reveals a paradox: mechanisms of democracy can be exploited to do violence to the basic principles of democracy. The Limits and Legitimacy of Referendums seeks to identify standards we might use to assess the democratic legitimacy of a referendum when we cannot rely on the norms of traditional liberal democracy. This innovative book explores how referendums manage the tension between liberalism and democracy, and whether this device holds promise for reconciling these two commitments. A range of scholars from around the world expose how referendums may be abused on one hand to achieve short-term political o...
Legal Imaginaries of Crisis and Fear
This book explores the epistemological, semiotic, semantic, and heuristic dimensions of the dark emotions in constitutional and international law. We are living in times of crisis and emergency where negative emotions and dark feelings are abundant. As these have come to form the intellectual and socio-legal context for the performance of constitutional and international law, this book explores their place – especially the politics of fear, but also anger, hate, despair, and crisis – in our current constitutional polycrisis. Focusing on this ‘dark constitutionalism’, the book draws together an international and interdisciplinary range of scholars to consider the place of emotive semi...
Courts, Politics and Constitutional Law
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
The Post-Soviet as Post-Colonial
This book describes the collapse of the Soviet Union as a moment of decolonization and the post-1991 constitution-building experience as a postcolonial one. Partlett and Küpper’s application of the post-colonial paradigm to the former Soviet world adds new facets to post-colonial constitutional theory by presenting a third type of (ideology-based) colonialism and a third type of decolonization.
Hate Speech and Human Rights in Eastern Europe
Hate Speech and Human Rights. Democracies need to understand these terms to properly adapt their legal frameworks. Regulation of hate speech exposes underlining and sometimes invisible societal values such as security and public order, equality and non-discrimination, human dignity, and other democratic vital interests. The spread of hatred and hate speech has intensified in many corners of the world over the last decade and its regulation presents a conundrum for many democracies. This book presents a three-prong theory describing three different but complementary models of hate speech regulation which allows stakeholders to better address this phenomenon. It examines international and nati...
Contemporary European Politics
Revised throughout, the second edition of this comprehensive and highly respected textbook continues to provide a thorough introduction to European and European Union politics. Pairing a genuinely comparative approach with in-depth analysis of the national, supranational, local and regional political systems of large and small countries across Europe, including Central and Eastern Europe and the Balkans, this accessible book covers history, theory, institutions, parties and party systems, and interest groups, among others. Key topics and features of this book: Examines the European Union multilevel governance system and uses a regional cluster approach to highlight differences across Europe....
Constitutional Change Under Autocracy
Through a large-N comparative analysis of autocratic regimes and case studies on the GDR, Azerbaijan, and Mexico, this book reflects on how constitutional amendments reinforce regime stability.
