Suchergebnisse

An introduction : law & illiberalism / Lawrence Douglas, Austin Sarat, and Martha Merrill Umphrey -- The anti-liberalism of neoliberalism / Sharon Krause -- Uncensorable speech and the snare of illiberalism / Elizabeth Anker -- Illiberalism and administrative government / Jeremy Kessler -- Post-truth as a precursor to authoritarianism / Lee McIntyre -- The new conspiracism : public and private harm and immunity from the law / Nancy Rosenblum.

"Does the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism-namely the rights of all individuals and constraints on state power-still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump's administration, Viktor Orban's Hungary, Recep Erdogan's Turkey, and Jair Bolsanoro's Brazil. In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of "free speech"; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection. In addition to the editors, contributors include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee McIntyre, and Nancy Rosenblum"--

In the paper I try to answer the question, whether there is a genuine constitutional theory of 'illiberal constitutionalism,' recently advocated in some East-Central European member states of the European Union, especially in Hungary and Poland. As I demonstrate, court ideologists of populist autocrats use Carl Schmitt's concept of political sovereignty and collective identity of the people, or misuse Max Weber's leader democracy or Richard Bellamy's or others' political constitutionalism ideas to legitimize authoritarian aims. I argue that the constitutional concept, which rejects liberalism as a constitutive precondition of democracy, cannot be in compliance with the traditional idea of liberal democratic constitutionalism. This concept has nothing to do with any majoritarian constitutional model based on the separation of power, or with political constitutionalism, or any kind of weak judicial review, and it misuses the concept of constitutional identity. One of the reasons of the illiberal turn has been that there was a lack of consensus about liberal democratic values at the time of the transition. In the beginning of the democratic transitions in these new democracies, preference was given to general economic effectiveness over mass civic and political engagement. According to some authors, the prospects for liberal constitutional democracy in the newly independent states of Central and Eastern Europe following the 1989–90 transition were diminished by a technocratic, judicial control of politics, which blunted the development of civic constitutionalism, civil society, and participatory democratic government as necessary counterpoints to the technocratic machinery of legal constitutionalism. But, there is nothing to suggest that an earlier and more participatory constitution-making process would have prevented the populist turn. Those proponents of participatory constitutionalism do not sufficiently take into account the rise of populism and the lack of civic interest in constitutional matters, due to poor constitutional culture. The recent success of illiberalism in the region seems to indicate that the special historical circumstances require a longer period of time the build up a liberal democratic political and constitutional culture. But the democratic backsliding is not a proof of the failure of liberal democracy altogether, as illiberal leaders and their court ideologists want people to believe.

The global rise of populist campaigns against democratic governments has revived the long-standing scholarly debate on how democracies can best defend themselves against anti-democratic challenges. While some view an aggressive militant democracy approach as the most effective option, others propose accommodation of populist actors and voters. Others again suggest a merging of the two paradigms. This article analyzes how the government of Indonesian President Jokowi has responded to the unprecedented Islamist-populist mobilization in the capital Jakarta in late 2016. Unsystematically mixing elements of all available options, Jokowi's administration pursued a criminalization strategy against populists that violated established legal norms, and launched vaguely targeted but patronage-oriented accommodation policies. As a result, the government's attempt to protect the democratic status quo from populist attacks turned into a threat to democracy itself. Indonesian democracy, I argue, is now in a slow but perceptible process of deconsolidation. (Pac Aff/GIGA)

Front Cover -- Title Page -- Copyright Information -- Table of Contents -- Acknowledgments -- Illiberalism in American Political Culture Today -- What Is Illiberalism? What Is Liberal Democracy? -- The Audience for Illiberalism Today -- Identity -- Ideas -- Irony -- Interests -- Conclusion -- Notes -- Index -- Back Cover.

Front Cover -- Title Page -- Copyright Information -- Table of Contents -- Acknowledgments -- Illiberalism in American Political Culture Today -- What Is Illiberalism? What Is Liberal Democracy? -- The Audience for Illiberalism Today -- Identity -- Ideas -- Irony -- Interests -- Conclusion -- Notes -- Index -- Back Cover

"This volume is the first authoritative reference work solely dedicated to the various components of illiberalism. Illiberalism is most often discussed in political and constitutional terms, yet illiberalism is rooted in society and cannot be limited to only political or legal treatment. Illiberal trends are present all over the world and are not fixed to one era. This Handbook comprises over sixty individual chapters, each dedicated to different aspects of the same phenomenon, presented through the lens of different disciplines and authored by an internationally recognized expert in the field. It charts all representative countries and regions where illiberalism is present and deals with the most important historical antecedents. The Routledge Handbook of Iliberalism will form an important component of any library's holding and will be of benefit as an academic reference, as well as being of practical value to anyone who wishes to gain a clear understanding of the concepts required to explain this conundrum"--

The one bright light in this darkening landscape is that Poles remain committed to democracy.

Over the course of the past ten years the Internal Macedonian Revolutionary Organization–Democratic Party for national Unity (VMRO-DPMNE) has progressively extended its control over Macedonian political, social, and economic life, restricting the space for democratic discourse and limiting completion. Throughout this period it has acted in concert with elites representing the country's Albanian minority and has included Albanian political parties, currently the Democratic Union for Integration (DUI) as minority coalition partners. This article will examine the conditions that gave rise to illiberalism in Macedonia and the interaction between ethnic politics and the retreat from democracy.