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Populist Challenges to Constitutional Interpretation in Europe and Beyond
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 w...
Constitutional Polycrisis and Emergency Constitutionalism
This book offers a range of critical narratives on the interplay between constitutional polycrisis and emergency constitutionalism. They are integrated by the desire to both expose cracks in the current schemes for taming conflict, crisis, and non-normalcy and to demonstrate the constitutional shapes of the emerging post-crisis and post-transition world order. The book shows that a constitutional crisis is a multidimensional phenomenon. It outlines the legal (normative-institutional), socio-legal (empirical, performative, and socio-institutional), theoretical (conceptual and phenomenological), and imaginary dimensions of crisis. The book critically exposes the fallacy of emergency constitutionalism, consisting in the claim that emergency is a temporal and efficient crisis response. It shows that emergency constitutionalism may be the formative tool of a new crisis-borne and emergency-related normalcy. The mission of this book is to raise awareness of the tendencies towards paternalism, emergency governance, and government of fear.
Comparative Election Law
This timely research handbook offers a systematic and comprehensive examination of the election laws of democratic nations. Through a study of a range of different regimes of election law, it illuminates the disparate choices that societies have made concerning the benefits they wish their democratic institutions to provide, the means by which such benefits are to be delivered, and the underlying values, commitments, and conceptions of democratic self-rule that inform these choices.
Pandemocracy in Latin America
This book addresses two questions: firstly, how has the fight against COVID-19, especially the individual and collective responses of Latin American nation-states, influenced the relationship between power, people, and statebodies? And secondly, has democracy taken a step back and allowed pandemocracy to replace its long-term legitimising function? Adopting a Global South perspective, the book explores the constitutional, political and institutional measures that paved the way for several aggressive state policies in various Latin American countries during the COVID-19 pandemic. The contributions provide a detailed review of democratic decay and the 'rule of law' impairment in many countries...
Disenso
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Pablo VI y España
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