Routledge Research in Public Law – serie

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.

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.

Lawfare is a complex and evolving concept with many permutations. It is a term that is used to describe both a judicialisation of politics where the Constitutional Court is called upon to uphold constitutional responsibilities, compensating for institutional failures in the broader democratic space, and instances where there is abuse of the legal process to escape accountability. When the court is dragged into politics, it forces an examination of the legitimate scope of judicial review. This book explains how judicialisation of politics leads to the politicisation of adjudication and further weaponisation of the law. Exploring the judicial-political dynamics of South Africa from 2009 onwards, the work traces the consequences of the judicialisation of politics for institutional resilience and broader constitutional stability. Through an in-depth study of judicial legitimacy, the book seeks to provide an overarching theoretical justification for the dangers that inhere in lawfare. It analyses the potential costs of both judicial statesmanship and strategies of deference and avoidance when trying to navigate the Court safely through the era of lawfare. South Africa offers an interesting crucible within which to observe an unfolding global trend. Strengthened by its comparative focus, the implications of lawfare presented in this book transcend the South African context and are applicable to other jurisdictions in the world. The book will be of interest to researchers, academics and practitioners working in the areas of Constitutional Law and Politics.

Lawfare is a complex and evolving concept with many permutations. It is a term that is used to describe both a judicialisation of politics where the Constitutional Court is called upon to uphold constitutional responsibilities, compensating for institutional failures in the broader democratic space, and instances where there is abuse of the legal process to escape accountability. When the court is dragged into politics, it forces an examination of the legitimate scope of judicial review. This book explains how judicialisation of politics leads to the politicisation of adjudication and further weaponisation of the law. Exploring the judicial-political dynamics of South Africa from 2009 onwards, the work traces the consequences of the judicialisation of politics for institutional resilience and broader constitutional stability. Through an in-depth study of judicial legitimacy, the book seeks to provide an overarching theoretical justification for the dangers that inhere in lawfare. It analyses the potential costs of both judicial statesmanship and strategies of deference and avoidance when trying to navigate the Court safely through the era of lawfare. South Africa offers an interesting crucible within which to observe an unfolding global trend. Strengthened by its comparative focus, the implications of lawfare presented in this book transcend the South African context and are applicable to other jurisdictions in the world. The book will be of interest to researchers, academics and practitioners working in the areas of Constitutional Law and Politics.

This collection deals with challenges confronting public law and public administration in twenty-first century democracies across the world. It draws together contributions from leading scholars, examining cutting-edge topics, and projecting the scholarship forward. It emphasizes the importance both of justifying executive policymaking to citizens and of drawing on bureaucratic expertise and professional competence. Contributors examine the role of courts and argue for new forms of public participation that can incorporate democratic values into executive-branch policymaking. Finally, the work confronts problems in the administration of the criminal law that are generating increased public concern. Building on Rose-Ackerman’s scholarship, writers compare the American experience with contemporary developments in other leading democracies – in particular, Germany, France, the EU, Canada, and Latin America. The work will be an invaluable resource for academics, researchers and policymakers working in the areas of Administrative Law, Public Law, and Political Science.

This collection examines the difficult task of reforming governments worldwide to meet citizens’ needs and aspirations. It advances constructive efforts to enhance public accountability while recognizing the complex ways in which corruption, greed, and state capture undermine the legitimacy and performance of government. The contributors are political scientists, lawyers, and economists who bring a cross-disciplinary approach to their chosen subjects. The first group of chapters deals with public sector performance, development, and public participation. Complementary pieces by a practitioner and a scholar confront the challenges of achieving reform in countries with difficult political environments and extensive poverty and inequality. The second group emphasizes the way corruption and state capture limit the accountability and effectiveness of governments in both developing and wealthy countries. The contributions consider the institutional roots of dysfunctional government and their links to the private sector. Taken together, the volume surveys a wide range of topics with theoretical arguments and empirical findings that provide insights into real-world problems and policymaking dilemmas. Inspired by Susan Rose-Ackerman’s fifty-year exploration of public policymaking, public law, and corruption, the collection will be an invaluable resource for researchers, academics and policy makers working in the areas of Public Law, Anticorruption, and Political-Economy.

This collection deals with challenges confronting public law and public administration in twenty-first century democracies across the world. It draws together contributions from leading scholars, examining cutting-edge topics, and projecting the scholarship forward. It emphasizes the importance both of justifying executive policymaking to citizens and of drawing on bureaucratic expertise and professional competence. Contributors examine the role of courts and argue for new forms of public participation that can incorporate democratic values into executive-branch policymaking. Finally, the work confronts problems in the administration of the criminal law that are generating increased public concern. Building on Rose-Ackerman’s scholarship, writers compare the American experience with contemporary developments in other leading democracies – in particular, Germany, France, the EU, Canada, and Latin America. The work will be an invaluable resource for academics, researchers and policymakers working in the areas of Administrative Law, Public Law, and Political Science.

This collection examines the difficult task of reforming governments worldwide to meet citizens’ needs and aspirations. It advances constructive efforts to enhance public accountability while recognizing the complex ways in which corruption, greed, and state capture undermine the legitimacy and performance of government. The contributors are political scientists, lawyers, and economists who bring a cross-disciplinary approach to their chosen subjects. The first group of chapters deals with public sector performance, development, and public participation. Complementary pieces by a practitioner and a scholar confront the challenges of achieving reform in countries with difficult political environments and extensive poverty and inequality. The second group emphasizes the way corruption and state capture limit the accountability and effectiveness of governments in both developing and wealthy countries. The contributions consider the institutional roots of dysfunctional government and their links to the private sector. Taken together, the volume surveys a wide range of topics with theoretical arguments and empirical findings that provide insights into real-world problems and policymaking dilemmas. Inspired by Susan Rose-Ackerman’s fifty-year exploration of public policymaking, public law, and corruption, the collection will be an invaluable resource for researchers, academics and policy makers working in the areas of Public Law, Anticorruption, and Political-Economy.

This book presents the origins, doctrine, institutions, and challenges confronting modern administrative law in Central and Eastern European countries. Administrative law was first defined by a Polish lawyer in the 19th century, but for historical reasons, there has been little scholarship on the subject in relation to countries in the region in recent times. This book fills this gap in the literature. It examines the roots and structure of administrative law in the Czech Republic, Hungary, Latvia, Lithuania, Poland, the Slovak Republic, and Ukraine. Each chapter examines the key concepts including historical background, the system of administrative law, the civil service, the spectrum of administrative activity, judicial review and other types of control over public administration, and administrative liability. The impact of European Union law on the legal order of the countries is also reviewed. The book will be of interest to students, academics, and researchers working in the areas of administrative law, public law, comparative law, and legal history.

This book presents the origins, doctrine, institutions, and challenges confronting modern administrative law in Central and Eastern European countries. Administrative law was first defined by a Polish lawyer in the 19th century, but for historical reasons, there has been little scholarship on the subject in relation to countries in the region in recent times. This book fills this gap in the literature. It examines the roots and structure of administrative law in the Czech Republic, Hungary, Latvia, Lithuania, Poland, the Slovak Republic, and Ukraine. Each chapter examines the key concepts including historical background, the system of administrative law, the civil service, the spectrum of administrative activity, judicial review and other types of control over public administration, and administrative liability. The impact of European Union law on the legal order of the countries is also reviewed. The book will be of interest to students, academics, and researchers working in the areas of administrative law, public law, comparative law, and legal history.

This book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments’ role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimately lead to the elimination of the procedural constraints imposed on the ruling political forces to prevent their arbitrary exercise of power. This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of these flaws. The analysis is premised on the concept of equilibrium. This explanatory concept denotes an ideal state in which parliamentary law-making complies with the requirements of constitutionalism, and judicial review is conceptualized as a mechanism suitable to achieve this aim. The volume places the judicial review of the regulation and the practice of parliamentary law-making at its center and discusses all the relevant legal concepts, institutions, and doctrines. It combines theoretical analysis with case law-centered comparative research covering a large number of decisions delivered by apex courts operating in various jurisdictions. Due to this methodological choice, the book aims to simultaneously contribute to the scholarly discourse and provide useful information to practicing lawyers and policymakers working in the areas of constitutional law and politics and comparative law.

This book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments’ role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimately lead to the elimination of the procedural constraints imposed on the ruling political forces to prevent their arbitrary exercise of power. This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of these flaws. The analysis is premised on the concept of equilibrium. This explanatory concept denotes an ideal state in which parliamentary law-making complies with the requirements of constitutionalism, and judicial review is conceptualized as a mechanism suitable to achieve this aim. The volume places the judicial review of the regulation and the practice of parliamentary law-making at its center and discusses all the relevant legal concepts, institutions, and doctrines. It combines theoretical analysis with case law-centered comparative research covering a large number of decisions delivered by apex courts operating in various jurisdictions. Due to this methodological choice, the book aims to simultaneously contribute to the scholarly discourse and provide useful information to practicing lawyers and policymakers working in the areas of constitutional law and politics and comparative law.

This book delves into the ongoing discussions regarding transformative constitutionalism and its connection to international human rights law. The author examines the national constitutional and global justice systems in place for safeguarding human rights to determine whether there is a gradual shift towards a universal system of constitutional justice that prioritizes the dignity of all individuals. The book argues that, as a consequence of the broad lines of convergence between constitutional and international human rights law, an international constitutional system of human rights has been developed, ushering the emergence of a ius constitutionale commune, developed simultaneously in a convergent cooperation by a global community of interpreters composed of constitutional and international judges. The volume also offers a one-of-a-kind comparative analysis of non-compliance with constitutional norms in international human rights law, as evidenced by the case law of the European, Inter-American, and African human rights courts. Presenting a distinct and valuable contribution, the book will be of interest to academics and researchers working in the areas of Constitutional Law and Politics, Human Rights Law, Public Law, and Comparative Law.

In recent times, there has been a growing dominance of executives centered on the figure of a central leader, while parliaments, which should be the focus of political power, are being marginalized. This development reflects a historical process that has only worsened with the COVID-19 emergency. This book argues that the frequent use of unilateral acts by the executive, exacerbated in times of emergency, can lead to a process of serious democratic erosion. It holds that the unlimited expansion of unilateral action is incompatible with the principle of separation of powers and the basic elements of a constitutional democracy. The judicial and legislative branches, especially in times of crisis, must exercise firm control over executive acts. It puts forward the case that they should limit abuses and risks to democracy based on parameters that are attentive to democratic principles, institutional capacities, and the protection of fundamental rights. In this scenario, the book offers a contemporary analysis of executive dominance in Brazil, Italy, and Germany, particularly in the context of the COVID-19 pandemic. It engages with traditional literature on the subject while providing a novel perspective, particularly in relation to the Global South. The book will be of interest to academics and researchers working in the areas of constitutional law and politics, administrative law, and international and comparative law.