Suchergebnisse

Chapter 1: Examining Illiberal Trends and Anti-EU Politics in East Central Europe from a Domestic Perspective. State of Research and Outline of the Book (Lisa H. Anders and Astrid Lorenz) -- Part I: Societal Roots of the Illiberal Trends and Anti-EU Politics -- Chapter 2: Illiberal and Anti-EU Politics in the Name of the People? Euroscepticism in East Central Europe 2004-2019 in Comparative Perspective (Lars Vogel) -- Chapter 3: The Varying Challenge of Islamophobia for the EU. On Anti-Muslim Resentments and its Dividend for Right-Wing Populists and Eurosceptics. Central and Eastern Europe in a Comparative Perspective (Gert Pickel and Cemal Öztürk) -- Chapter 4: Is there an East—West Divide over European Solidarity? Comparing European Citizens' Attitudes toward Cross-Border Solidarity 2016 (Florian K. Kley and Holger Lengfeld) -- Part II: Rhetoric and Practice of Illiberal and Anti-EU Politics -- Chapter 5: Differential Illiberalism. Classifying Illiberal Trends in Central European Party Politics (Vratislav Havlík and Vít Hloušek) -- Chapter 6: Party Rhetoric and Action Compared: Examining Politicisation and Compliance in the Field of Asylum and Migration Policy in the Czech Republic and Hungary (Paula Beger) -- Chapter 7: Pro-Europeans and 'Euro-Realists'. The Party-Voters Linkage and Parties' Political Agendas in Poland, 2004 to 2019 (Michał Dulak) -- Chapter 8: Same Same, but Different. Domestic Conditions of Illiberal Backlash against Universal Rights in the Czech Republic and Slovakia (Petra Guasti) -- Part III: EU Reactions to Illiberal and Anti-EU Politics -- Chapter 9: Talking past Each Other: On Common Misperceptions in the Rule of Law Debate (Attila Vincze) -- Chapter 10: Does it Help to Call a Spade a Spade? Examining the Legal Bases and Effects of Rule of Law Related Infringement Procedures against Hungary (Lisa H. Anders and Sonja Priebus) -- Chapter 11: Safeguarding Democracy and the Rule of Law by Civil Society Actors? The Case of Poland (Claudia-Y. Matthes) -- Part IV: Theoretical Reflections and Conclusions -- Chapter 12: Contesting the EU, Contesting Democracy and Rule of Law in Europe. Conceptual Suggestions for Future Research (Luca Tomini and Seda Gürkan) -- Chapter 13: Towards a Political Theory of Democratic Backsliding? Generalising the East Central European Experience (Ireneusz Paweł Karolewski) -- Chapter 14: Illiberal Trends and Anti-EU Politics in East Central Europe. Major Findings and Avenues for Future Research (Astrid Lorenz and Lisa H. Anders).

Since the beginning of the eighties Treaties were graded as «Constitutional Charter», the process of European integration has increased rapidly, and the emergence of European Constitutionalism has only demonstrated the complex relationship between the Union and its Member States, between Union law and the law of its Member States. Both the State Theory and the Theory of the Constitution are to be only partially effective in defining an appropriate conceptual model to the new phenomenon of European integration. It speaks well of a new concept, that of «European constitutional League», which provides a common terminological and introduced into the Europe Union's vision of constitutional law at different levels. It is increasingly difficult to differentiate when we are dealing with national issues and when community issues. Therefore, if we want to legitimize the role of the European Union, we will have to try to include the constitutional principles governing the Member States in this new level. Hence the ambitious concept of «European constitutional League». But nevertheless, the many theoretical problems with this model reflect the difficulty of speaking of a multilevel system in which there is no coexistence between different hierarchical levels, because ultimately it does show a incorrect connection between them. ; Desde que a partir de los años ochenta se calificara a los Tratados como «Carta constitucional», el proceso de integración europea se ha intensificado a pasos agigantados, y la aparición del Constitucionalismo europeo no ha hecho sino evidenciar la compleja relación existente ente la Unión y sus Estados miembros, entre el Derecho de la Unión y el Derecho de sus Estados miembros. Tanto la Teoría del Estado como la Teoría de la Constitución resultan ser sólo parcialmente eficaces para definir un modelo conceptual adecuado al nuevo fenómeno de integración europea. Se habla así de un nuevo concepto, el de «Liga constitucional europea», que terminológicamente proporciona un denominador común y que introduce en la Unión Europe la visión de un Derecho constitucional a diferentes niveles. Cada vez es más difícil diferenciar cuándo estamos ante asuntos nacionales y cuándo ante asuntos comunitarios. Por este motivo, si queremos legitimar la función de la Unión Europea habrá que intentar incluir los principios constitucionales que rigen en los Estados miembros en este nuevo nivel. De ahí el ambicioso concepto de «Liga constitucional europea». Pero no obstante, los numerosos problemas teóricos que presenta este modelo reflejan la dificultad de hablar de un sistema multinivel en el que exista una convivencia no jerárquica entre los distintos niveles, pues en último término lo que refleja es una conexión incorrecta entre ellos.Since the beginning of the eighties Treaties were graded as «Constitutional Charter», the process of European integration has increased rapidly, and the emergence of European Constitutionalism has only demonstrated the complex relationship between the Union and its Member States, between Union law and the law of its Member States. Both the State Theory and the Theory of the Constitution are to be only partially effective in defining an appropriate conceptual model to the new phenomenon of European integration. It speaks well of a new concept, that of «European constitutional League», which provides a common terminological and introduced into the Europe Union's vision of constitutional law at different levels. It is increasingly difficult to differentiate when we are dealing with national issues and when community issues. Therefore, if we want to legitimize the role of the European Union, we will have to try to include the constitutional principles governing the Member States in this new level. Hence the ambitious concept of «European constitutional League». But nevertheless, the many theoretical problems with this model reflect the difficulty of speaking of a multilevel system in which there is no coexistence between different hierarchical levels, because ultimately it does show a incorrect connection between them.

On the backdrop of the 2008 financial crisis this paper introduces an understanding of societal crises as a reduction in the meaning production of social entities, which can either be internally or externally provoked. The emergence of constitutions and, more generally, constitutional structures, can be understood as responses to both forms of crisis. This is the case because they are double-edged structures which are simultaneously oriented towards the maintenance of internal order and stability within a given social entity at the same time as they frame the transfer of the meaning components between the social entities and their environments. Thus, the 2008 financial crisis indicates a failure of constitutional bonding. When observed from an overall structural perspective, the reasons for this failure can be traced back to an increased discrepancy between the structural composition of world society and the constitutional structures in place. The crisis reflects a failure to respond to two simultaneous, inter-related and mutually re-inforcing structural transformations. First, there is the increased globalisation, which has led to massive dis-locations in the relative centrality of the different national configurations for the reproductive processes of functional systems. Second, there is a structural transformation of the transnational layer of world society through a reduced reliance on the centre/periphery differentiation and an increased reliance on functional differentiation. One of the many consequences of this development is the emergence of new forms of transnational law and politics. A new constitutional architecture which reflects these transformations is needed in order to ensure an adequate constitutional bonding of economic processes, as well as of other social processes.

On the backdrop of the 2008 financial crisis this paper introduces an understanding of societal crises as a reduction in the meaning production of social entities, which can either be internally or externally provoked. The emergence of constitutions and, more generally, constitutional structures, can be understood as responses to both forms of crisis. This is the case because they are double-edged structures which are simultaneously oriented towards the maintenance of internal order and stability within a given social entity at the same time as they frame the transfer of the meaning components between the social entities and their environments. Thus, the 2008 financial crisis indicates a failure of constitutional bonding. When observed from an overall structural perspective, the reasons for this failure can be traced back to an increased discrepancy between the structural composition of world society and the constitutional structures in place. The crisis reflects a failure to respond to two simultaneous, inter-related and mutually re-inforcing structural transformations. First, there is the increased globalisation, which has led to massive dis-locations in the relative centrality of the different national configurations for the reproductive processes of functional systems. Second, there is a structural transformation of the transnational layer of world society through a reduced reliance on the centre/periphery differentiation and an increased reliance on functional differentiation. One of the many consequences of this development is the emergence of new forms of transnational law and politics. A new constitutional architecture which reflects these transformations is needed in order to ensure an adequate constitutional bonding of economic processes, as well as of other social processes.

In Gauweiler, in response to the first ever preliminary reference made by the German Federal Constitutional Court (Bundesverfassungsgericht; FCC), the Court of Justice gave the green light to the ECB's power to selectively purchase Eurozone government bonds in secondary markets (OMT programme). Whilst the Court of Justice sets some limits to European Central Bank's (ECB) authority relying on the golden standard of proportionality, it is a judgment of institutional empowerment. The tensions and instability arising from the separation of competences in monetary and economic policy gravitate to the advantage of the Union. By placing emphasis on the objectives rather than the effects of the programme and linking OMT power to conditionality, Gauweiler builds on Pringle providing normative legitimization to the austerity model whilst granting the ECB a distinct role not only in monetary policy but also in shaping the general economic policy of the Union. The Court of Justice's ruling also indicates a measured but firm response to the dialogue of conflict initiated by the FCC.

Chapter 1. Introduction -- Part 1. A Reconstruction of Bentham's Constitutionalism. Chapter 2. Sovereignty and the Nature of the Normativity of Law ; Chapter 3. The Relativity and Plurality of Sovereignty ; Chapter 4. The Role of the People in determining Constitutional Limits I ; Chapter 5. The Role of the People in determining Constitutional Limits II ; Chapter 6. The Public Opinion Tribunal - an Analysis of Consensus Formation and the Evolution of Communities -- Part 2. Utility, Indeterminacy and Harm. Chapter 7. The Dynamic Connection between Ethics and Politics ; Chapter 8. Contemporary Attempts to Bridge the Gap between Ethics and Politics.

Are human rights really a building block of global constitutionalism? Does global constitutionalism have any future in the theory and practice of international law and global governance? This book critically examines these key questions by focusing on the mechanisms utilised by global constitutionalism whilst comparing the historical functioning of constitutional rights in national systems. Yahyaoui Krivenko provides new insights into the workings of human rights and associated notions, such as the state, the political, and the individual, by demonstrating that human rights are antithetical to global constitutionalism and encouraging new discussions on the meaning of global constitutionalism and human rights. Drawing on the interdisciplinary works of such thinkers as Agamben, Luhmann, Bourdieu, Deleuze and Guattari, this book also considers practical examples from historical experience of ancient Greek and early Islamic societies. It will appeal to scholars interested in human rights, international law and critical legal theory

"It is beyond cavil that 'voting is of the most fundamental
significance under our constitutional structure'" (Burdick
v. Takushi 1992, 433). Voting is particularly
foundational "since the right to exercise the franchise in a free
and unimpaired manner is preservative of other basic civil and
political rights" (Harper v. Virginia Bd. of Educ.
1966, 667). As Justice Kennedy dissented in Burdick
(1992, 434), even depriving one voter of the exercise of the
fundamental right to vote is too substantial an impact to withstand
constitutional scrutiny.

Constitutions and other legal frameworks are expected to ensure the protection of the fundamental and collective rights of citizens. In this respect, the regulation of political parties is a global phenomenon, which symbolises multi-party democracy, the rule of law and good governance. This article examines the phenomenon of the constitutional and legal regulation of political parties in the Central African Republic (hereafter CAR) and Senegal, two francophone countries with different trajectories and experiences of multi-party democracy. It identifies possible challenges and shortcomings of the regulation of political parties in the two countries, especially in relation to the actual implementation of the existing national frameworks. The article attempts to suggest possible frameworks for an effective implementation of the constitutional and legal rights of political parties, including the constitutionalisation of the enforcement mechanisms, which would undeniably protect the position of political parties in constitutional democracies. In conclusion, the article highlights the role of an independent judiciary in the promotion and protection of the constitutional and legal status of all political parties in the CAR and Senegal.

Constitutions and other legal frameworks are expected to ensure the protection of the fundamental and collective rights of citizens. In this respect, the regulation of political parties is a global phenomenon, which symbolises multi-party democracy, the rule of law and good governance. This article examines the phenomenon of the constitutional and legal regulation of political parties in the Central African Republic (hereafter CAR) and Senegal, two francophone countries with different trajectories and experiences of multi-party democracy. It identifies possible challenges and shortcomings of the regulation of political parties in the two countries, especially in relation to the actual implementation of the existing national frameworks. The article attempts to suggest possible frameworks for an effective implementation of the constitutional and legal rights of political parties, including the constitutionalisation of the enforcement mechanisms, which would undeniably protect the position of political parties in constitutional democracies. In conclusion, the article highlights the role of an independent judiciary in the promotion and protection of the constitutional and legal status of all political parties in the CAR and Senegal.