Martin Belov – författare
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25 produkter
25 produkter
Courts, Politics and Constitutional Law
Judicialization of Politics and Politicization of the Judiciary
Inbunden, Engelska, 2019
1 954 kr
Skickas inom 10-15 vardagar
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.
Peace, Discontent and Constitutional Law
Challenges to Constitutional Order and Democracy
Inbunden, Engelska, 2021
1 954 kr
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This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework.The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.
Peace, Discontent and Constitutional Law
Challenges to Constitutional Order and Democracy
Häftad, Engelska, 2023
534 kr
Skickas inom 10-15 vardagar
This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. The volume provides the reader with a multi-discursive analysis of the constitutional foundations of peace, discontent and revolution. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework.The book provides a valuable resource for academics, researchers and policy-makers working in the areas of constitutional law and politics.
Courts and Judicial Activism under Crisis Conditions
Policy Making in a Time of Illiberalism and Emergency Constitutionalism
Inbunden, Engelska, 2021
1 949 kr
Skickas inom 10-15 vardagar
This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.
Courts and Judicial Activism under Crisis Conditions
Policy Making in a Time of Illiberalism and Emergency Constitutionalism
Häftad, Engelska, 2023
570 kr
Skickas inom 10-15 vardagar
This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.
Courts, Politics and Constitutional Law
Judicialization of Politics and Politicization of the Judiciary
Häftad, Engelska, 2021
570 kr
Skickas inom 10-15 vardagar
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.
1 761 kr
Skickas inom 10-15 vardagar
This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, memory politics and identity politics. It critically assesses the responses given by the EU and its member states to the current crisis. The work also provides an analysis of the most important challenges to rule of law stemming from the performance of constitutional courts, including the risks of judicial activism, politicization of the courts and judicialization of politics. The book will be an invaluable resource for researchers, academics and policy-makers working in the areas of Constitutional Law and Political Science.
533 kr
Skickas inom 10-15 vardagar
This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, memory politics and identity politics. It critically assesses the responses given by the EU and its member states to the current crisis. The work also provides an analysis of the most important challenges to rule of law stemming from the performance of constitutional courts, including the risks of judicial activism, politicization of the courts and judicialization of politics. The book will be an invaluable resource for researchers, academics and policy-makers working in the areas of Constitutional Law and Political Science.
1 713 kr
Skickas inom 5-8 vardagar
This comprehensive book offers conceptual, legal and socio-legal insights into the relationship between constitutional traditions and constitutional transitions, as well as a comparative assessment of the two. It explores their impact on national constitutional orders and their implications for the multilevel constitutionalism of the EU.Presenting extensive analysis of the role of constitutional traditions in the complex constitutional order of the EU, the book draws parallels between the conceptual arguments and the legal realist exploration of the judicial approach to constitutional traditions. Martin Belov and Monika Florczak-Wątor, along with their expert contributors, explore these transitory imaginaries as bridges between the constitutional past, present and future, and expand on the fragility of arbitrary constitutional concepts in times of crisis and transition. The book addresses significant issues related to constitutional traditions and constitutional transitions in post-authoritarian societies by employing conceptual analysis, comparative research and case studies.Constitutional Traditions and Constitutional Transitions is an essential resource for academics and researchers in the fields of European law, comparative constitutional law and administrative law. This book is also beneficial for policymakers and practitioners.
Representative Democracy in Flux
Deconstructive Narratives from a Legal and Constitutional Perspective
Inbunden, Engelska, 2025
1 949 kr
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This book delves into the core of representative democracy in order to explain its main features – institutional and imaginary – and to show the reasons for its increasing dysfunctionality. The collection explores the constitutional imaginaries of representation. It outlines the main factors influencing the failures of representative democracy, in an age of constitutional crisis and transition, being gradually deconstructed via tendencies toward authoritarianism and technocracy. Special attention is devoted to the impact of the politics of fear on representative democracy. The analysis shows the main challenges stemming from national, international, transnational, and supranational technocracy produced by the increased role of administration, agencies, and courts. It exposes representative democracy as a composite phenomenon stretched between reason and emotions and between the constitutional past, present, and future. The volume will be of interest to researchers, academics, and policymakers working in the areas of constitutional law and politics, comparative constitutional law, administrative law, human rights law, and theory and philosophy of law.
1 949 kr
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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 semiotics in collective meaning making, the constitutional politics of emotions, and emotional approaches to global challenges in a time of crisis, emergency, and transition. The book thereby develops a compelling analysis of the use of negative emotions in the shaping of contemporary constitutional imaginaries, and with it a novel account of the rise of dark constitutionalism. This book will appeal to researchers and scholars working in the areas of legal theory, legal philosophy, constitutional law, international law, and socio-legal studies.Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC BY-NC-ND) 4.0 license.
Global Constitutionalism and Its Challenges to Westphalian Constitutional Law
Inbunden, Engelska, 2018
1 055 kr
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Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in the foundations of Western modernity, such as humanism and rationalism, and is organised around familiar principles of national sovereignty, the rule of law, the separation of powers, and democracy. But since the end of the twentieth century, global constitutionalism has gradually emerged, challenging both the constitutional ideology and the constitutional design of Westphalian constitutional law. This book critically assesses the structural and functional transformations in the Westphalian constitutional tradition produced by the emergence of supranational and global constitutionalism. In so doing, it evaluates the theory of global constitutionalism, its legal and socio-political limits, and important issues concerning the supranational constitutionalism of the EU. This leads to an articulation of the constitutional theory of the emerging post-Westphalian constitutionalism, examining its development during a period of significantly increased access to and sharing of information, increased mobility and more open statehood, as well as the rise of human rights and its encounter with populism and nationalism. This book will be of great interest to scholars of constitutional law and theory, particularly those with an interest in globalisation and supranationalism.
Constitutional Semiotics
The Conceptual Foundations of a Constitutional Theory and Meta-Theory
Inbunden, Engelska, 2022
1 178 kr
Skickas inom 10-15 vardagar
This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to ‘shadow constitutionalisms’: textual, symbolic-imaginary and visual constitutionalism.The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism.The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.
1 178 kr
Skickas inom 10-15 vardagar
What is the future of constitutionalism, state and law in the new technological age? This edited collection explores the different aspects of the impact of information and technology revolution on state, constitutionalism and public law. Leading European scholars in the fields of constitutional, administrative, financial and EU law provide answers to fascinating conceptual questions including:- What are the challenges of information and technological revolution to sovereignty? - How will information and technology revolution impact democracy and the public sphere? - What are the disruptive effects of social media platforms on democratic will-formation processes and how can we regulate the democratic process in the digital age? - What are the main challenges to courts and administrations in the algorithmic society? - What is the impact of artificial intelligence on administrative law and social and health services? - What is the impact of information and technology revolution on data protection, privacy and human rights?
450 kr
Skickas inom 10-15 vardagar
Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in the foundations of Western modernity, such as humanism and rationalism, and is organised around familiar principles of national sovereignty, the rule of law, the separation of powers, and democracy. But since the end of the twentieth century, global constitutionalism has gradually emerged, challenging both the constitutional ideology and the constitutional design of Westphalian constitutional law. This book critically assesses the structural and functional transformations in the Westphalian constitutional tradition produced by the emergence of supranational and global constitutionalism. In so doing, it evaluates the theory of global constitutionalism, its legal and socio-political limits, and important issues concerning the supranational constitutionalism of the EU. This leads to an articulation of the constitutional theory of the emerging post-Westphalian constitutionalism, examining its development during a period of significantly increased access to and sharing of information, increased mobility and more open statehood, as well as the rise of human rights and its encounter with populism and nationalism. This book will be of great interest to scholars of constitutional law and theory, particularly those with an interest in globalisation and supranationalism.
500 kr
Skickas inom 10-15 vardagar
What is the future of constitutionalism, state and law in the new technological age? This edited collection explores the different aspects of the impact of information and technology revolution on state, constitutionalism and public law. Leading European scholars in the fields of constitutional, administrative, financial and EU law provide answers to fascinating conceptual questions including:- What are the challenges of information and technological revolution to sovereignty? - How will information and technology revolution impact democracy and the public sphere? - What are the disruptive effects of social media platforms on democratic will-formation processes and how can we regulate the democratic process in the digital age? - What are the main challenges to courts and administrations in the algorithmic society? - What is the impact of artificial intelligence on administrative law and social and health services? - What is the impact of information and technology revolution on data protection, privacy and human rights?
Constitutional Semiotics
The Conceptual Foundations of a Constitutional Theory and Meta-Theory
Häftad, Engelska, 2023
549 kr
Skickas inom 10-15 vardagar
This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to ‘shadow constitutionalisms’: textual, symbolic-imaginary and visual constitutionalism.The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism.The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.
Revolution, Transition, Memory, and Oblivion
Reflections on Constitutional Change
Inbunden, Engelska, 2020
1 668 kr
Skickas inom 5-8 vardagar
This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change. Contributions by leading scholars in the field explore the relationship between revolutions and constitutional order and disorder, considering in particular the impact of political transitions, situations of emergency, coup d’etat and the role of memory and oblivion during times of revolution. Through a series of case studies, the book identifies ways in which these phenomena have, and will, affect the formation and amendment of constitutions in both the short and long term. This includes, most notably, those changes which seem to go against the spirit of constitutionalism. In so doing, it provides important insight into how constitutions and constituent powers deal with the influences of the past.Students and scholars engaged in the study of constitutional law, legal theory, theories of the state, transitions of democracy and the philosophy of law will find this ground-breaking book to be a must read.
Populist Constitutionalism and Illiberal Democracies
Between Constitutional Imagination, Normative Entrenchment and Political Reality
Inbunden, Engelska, 2021
1 363 kr
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This book is a topical study of populist constitutionalism and illiberal democracies,exploring their roots in constitutional imagination as well as their normativeentrenchment and performance in political reality. It provides insightful analysis ofrepublican constitutionalism, focusing on the role of people in radical democracyand revolutionary constitutional reform. Furthermore, the outlook, adequacyand performance of constitutional principles in times of democratic ruptures areassessed. The contributors examine the rise of populist constitutionalism and themain trends that have led to the current, ongoing crises in liberal democracy. Thebook includes original analyses of populist constitutionalism from the viewpointof emotions and constitutional imagination, as well as a special chapter devotedto the challenges posed to constitutional democracy by COVID-19. Combiningtheoretical contributions, comparative typologies and important case studies, thespread of populism and illiberal democracy in Europe is critically explored.Populist Constitutionalism and Illiberal Democracies is a timely contribution to thelively discussion surrounding constitutional law, comparative constitutional law,comparative constitutionalism and political science regarding the rise and spreadof illiberal democracies, authoritarian political regimes and revolutionary, radicaldemocratic and populist constitutionalism.
Territorial Politics and Secession
Constitutional and International Law Dimensions
Inbunden, Engelska, 2021
1 370 kr
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This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo.
Territorial Politics and Secession
Constitutional and International Law Dimensions
Häftad, Engelska, 2022
1 370 kr
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This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo.
1 595 kr
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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.
Del 6 - Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook
Global Governance and Its Effects on State and Law
Häftad, Engelska, 2016
639 kr
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The sixth volume in the series of the Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook is focused on the effects of globalisation and global governance on state, law and society. It addresses the great structural and systemic changes in the fundamental constitutional and political concepts produced by the above mentioned phenomena. The main issues which are discussed in the book are the crisis of authority, the crisis of territoriality, the shifting constitutional geometry, the constitutional identity, the territorial irresponsibility of capital, the horizontalisation of human rights, the new constitutional and political roles of the transnational corporations and the global religions as well as the influence of the supranational jurisdictions on the supranational and national legal orders.
1 209 kr
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1 193 kr
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