Constitutionalism under Stress
Essays in Honour of Wojciech Sadurski
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Product details:
- Publisher OUP Oxford
- Date of Publication 24 September 2020
- ISBN 9780198864738
- Binding Hardback
- No. of pages376 pages
- Size 241x164x27 mm
- Weight 736 g
- Language English 88
Categories
Short description:
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.
MoreLong description:
Constitutionalism under Stress reflects on comparative constitutionalism in Central and Eastern Europe through the work of eminent constitutional scholar Wojciech Sadurski. The book examines the current decline of liberal democracies and populist challenges to the rule of law in the region - events that Sadurski predicted early on in his writings about Jörg Haider affair in Austria and the introduction of Article 7 TEU by the Amsterdam Treaty.
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.
Wojciech Sadurski is like Czesław Miłosz for a whole generation of young and aspiring constitutional and human rights scholars. Looking at Poland from some distance, he shares his philosophical, provocative, intriguing, and passionate thoughts and comments. In this remarkable, in-depth collection, Sadurski's scholarship and engagement in public matters are proven to be the true expression of patriotism and devotion to constitutional and liberal democracy. He is, for sure, changing the course of the 'avalanche'.
Table of Contents:
Introduction: Academic Legacy of Wojciech Sadurski, Rule of Law, and Mnemonic Constitutionalism in Central and Eastern Europe
Part One: Populism and Democratic Decline in Central and Eastern Europe
The Rise of Nationalist Populism and the Crisis of Liberal Democracy in Central Europe
Constitutional Breakdown, Backsliding, or New Post-Conventional Constitutionalism?
Democratic Erosion Without Prerequisites? Poland and the Two Liberalisms
The Alternatives to a Bite or a Bark: After Launching Article 7 TEU Against the Hungarian Government
Polish Lessons: Backsliding, Sabotage, and the Rule of Law
The Rule of Law Paradox in the 2016 Constitutional Amendments in Albania
Constitutional Security in a State of Emergency
Part Two: The EU Role vis-à-vis Rule of Law
Reinvigorating Democracy in the European Union: Lessons from Ireland's Citizens Assembly?
On Barks, Bites, and Promises
Article 7 TEU: From 'Nuclear Option' to 'Sisyphean Procedure'?
A Social Theory of Constitutional Imaginaries: Beyond the Unity of topos-ethnos-nomos and its European Context
Two Charters and a Pillar: The Slow Constitutionalization of Social Rights in European Law
Part Three: Liberal Constitutionalism and Militant Democracy: Constitutional Review and Public Reason
Breaking Down the Meaning of Constitutional Breakdown
An Enlightened Man
On Legalism, Illiberal Takeover and the Immune System of Constitutional Democracy
Diffuse Constitutionality Review in Germany
The Problem of Peer Review in Militant Democracy
Extracting Voters From the Nation: Regime-Building in 19th Century Hungary and England through Electoral Legislation
Public Reason and Illiberal Democracy
Liberal Nationalism's Precarious Prospects
Epilogue: Not that which goeth into the mouth defileth a man; but what cometh out of the mouth, this defileth a man (Mat. 15:11): So Why do The Jews Observe Kosher?
