Antonia Baraggia – författare

Constitutional Democracy in Crisis? II offers readers forty-four new accessible essays on the nature of constitutional democracy and constitutional crises, how the democratic recission is being experienced throughout the world, the factors that are providing challenges for constitutional democracy, and the tools being fashioned to maintain constitutional democracy, including the possibility of more global governance. This volume informs readers of the present state of constitutional democracy throughout the world and provides them with a framework for maintaining and improving constitutional governance.The health of constitutional democracy has not improved substantially since the publication of Constitutional Democracy in Crisis? I. Widespread concern exists about the decline of constitutional democracy around the world, a phenomenon often referred to as 'democratic recession', 'democratic failure' or 'democratic backsliding.' The United States is hurtling toward competitive authoritarianism if not at that destination. The United Kingdom, France, Germany, and Italy confront powerful authoritarian movements. Eastern European countries struggle to maintain fragile democracies, while democratic efforts in the Global South confront the legacy of colonialism. Several "feel-good" cases remain: New Zealand and Australia continue as robust constitutional democracies; Poland and possibly Hungary are undergoing democratic "U-turns" after an authoritarian turn; constitutional reform failures have not dampened democratic momentum in Chile; and Brazil's strong democratic culture enabled resistance to and ultimately the conviction of Jair Bolsonaro.Struggles to establish, sustain, and restore constitutional democracy have not only persisted but accelerated over the past eight years, increasingly blurring the line between "episodic turbulence" and "structural rupture." Global developments now demand not just updated examples, but a re-examination of core assumptions, about what constitutes a constitutional crisis, how rapidly constitutional-democratic systems can be reoriented, which institutions matter most under stress, and what effective repair looks like once democratic injury is normalized. Recent events underscore the need to "pause and reflect on the constitutional project," which appears to be in crisis and perhaps outdated, "incapable of leading us effectively into the planetary epoch."

The composite nature of the EU constitutional legal framework and the presence of different fundamental rights protection actors within the European landscape presents a complex and fragmented scenario in search of a coherent structure. This discerning book provides a thorough analysis and offers a unique perspective on the future of fundamental rights protection in Europe.With engaging contributions from both scholars and practitioners, the chapters consider not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies. The contributors cover the different features and implications of judicial and non-judicial bodies at national, supranational and institutional level, paying close attention to their interaction and the ways in which each have a role to play in a comprehensive fundamental rights policy. Particular attention is paid to both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory, which have been largely overlooked in previous studies.Taking account of both theory and practice, this book will be a valuable resource to legal scholars in the fields of human rights protection, constitutional law and EU law. Members of national and supranational human rights organizations will also find this a valuable tool in discovering more about the legal foundations of their work.Contributors include: M. Avbelj, A. Baraggia, F. Fabbrini, M.E. Gennusa, S. Granata, S. Imamovic, K. Meuwissen, S. Menghini, S. Ninatti, O. Pollicino, C. Rauchegger, L.P. Vanoni, L. Violini

The composite nature of the EU constitutional legal framework and the presence of different fundamental rights protection actors within the European landscape presents a complex and fragmented scenario in search of a coherent structure. This discerning book provides a thorough analysis and offers a unique perspective on the future of fundamental rights protection in Europe.

With engaging contributions from both scholars and practitioners, the chapters consider not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies. The contributors cover the different features and implications of judicial and non-judicial bodies at national, supranational and institutional level, paying close attention to their interaction and the ways in which each have a role to play in a comprehensive fundamental rights policy. Particular attention is paid to both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory, which have been largely overlooked in previous studies.

Taking account of both theory and practice, this book will be a valuable resource to legal scholars in the fields of human rights protection, constitutional law and EU law. Members of national and supranational human rights organizations will also find this a valuable tool in discovering more about the legal foundations of their work.

Contributors include: M. Avbelj, A. Baraggia, F. Fabbrini, M.E. Gennusa, S. Granata, S. Imamovic, K. Meuwissen, S. Menghini, S. Ninatti, O. Pollicino, C. Rauchegger, L.P. Vanoni, L. Violini

This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems. Chapters explore the social foundations of the doctrine of the separation of powers, its relationship to direct democracy, the role of constitutional courts and the rise of the administrative state. Expert contributors analyse power structures and the separation of powers across new constitutions in central Europe, examining the transformations of political parties and testing the limits of the doctrine alongside a reimagining of the judicial review process. This timely book concludes with a historical perspective on the doctrine and a case study considering a possible new separation of powers in North Africa and the Middle East. This unique book will be of interest to students and academics of comparative constitutional law, as well as constitutional and political theorists, lawyers and judges.

This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems.

Chapters explore the social foundations of the doctrine of the separation of powers, its relationship to direct democracy, the role of constitutional courts and the rise of the administrative state. Expert contributors analyse power structures and the separation of powers across new constitutions in central Europe, examining the transformations of political parties and testing the limits of the doctrine alongside a reimagining of the judicial review process. This timely book concludes with a historical perspective on the doctrine and a case study considering a possible new separation of powers in North Africa and the Middle East.

This unique book will be of interest to students and academics of comparative constitutional law, as well as constitutional and political theorists, lawyers and judges.

Despite the importance of second chambers to the success of constitutional democracies around the world, today many fundamental questions about bicameralism remain understudied and undertheorized. What makes bicameral reform so difficult? Why choose bicameralism over unicameralism? What are the constitutional values of bicameralism? This innovative book addresses these questions and many more from comparative, doctrinal, empirical, historical and theoretical perspectives.Featuring contributions from leading and emerging scholars in the field, this book provides a timely account of the tensions between bicameralism and its reform, demonstrating for the first time how this relates to the protection of liberal democracy and the rule of law. Contributors analyse the pressures that contemporary constitutional politics exert on bicameralism in an array of countries and legal systems, including the complex relationships between the EU and national second chambers.Scholars and students of comparative and constitutional law, legislative studies and political science will find this book an invaluable resource. Policymakers at national and EU levels, parliamentarians and others working closely with parliamentary institutions will also find it insightful.