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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.
Table des matières
Introduction.- CHAPTER 1 Crisis as Opportunity and Emergency as Normalcy in Transformative Age.- Part I The Conceptual Shapes of Constitutional Crisis and Emergency.- CHAPTER 2 Authority, Meta-Authority, and Emergency.- CHAPTER 3 The Concept of Constitutional Emergency: Towards an Argumentative Approach.- CHAPTER 4 The Constitutional Imaginaries of Crisis and Emergency: between Battle of Narratives and Entanglement in Quantum Constitutionalism.- Part II Emergency, Identity, Interpretation.- CHAPTER 5 Constitutional Interpretation of Emergencies: Sustainability of Typical Normative Arguments over Time.- CHAPTER 6 Constitutional Identity and States of Exceptions.- CHAPTER 7 Justifying Legislation in the Face of Environmental and Climate Crises: The French Case and the Classical Constitutional Failure.- Part III Crisis and Emergency in Multilevel and Consociational Constitutional Orders.- CHAPTER 8 Emergency Constitutionalism, Federalism and Pluralism.- CHAPTER 9 Insights on Multilevel Governance Effects on Crisis Governance During the Covid-19 Pandemic.- CHAPTER 10 Coping with Crises in a Multilevel Constitutional Order: The Example of the European Union.- CHAPTER 11 Constitutionalism amid Crisis: Adopting and Adapting Consociational Settlements.- Part IV Populism, Emergency, Crisis.- CHAPTER 12 Populism and the Transformations in the Global Economic Constitution.- CHAPTER 13 Contexts of Crisis: Sovereign Power, Constitutional Change and Dictatorship in Interwar Romania.- CHAPETR 14 Militant Constitutionalism in Times of Polycrisis: the EU Perspective.- CHAPTER 15 The Judicial Overhaul in Israel Before and After October 7: The Amalgamation of Constitutional Crisis & Security Crisis.- CHAPTER 16 Implosion of Constitutional Order and Demise of Authority in Times of Constitutional Polycrisis, Emergency Constitutionalism and Constitutional Polytransition.
A propos de l'auteur
Martin Belov is Professor in Constitutional and Comparative Constitutional Law at the University of Sofia ‘St. Kliment Ohridski’, Bulgaria. He has been visiting professor in more than 20 universities in Italy, Germany, France, Poland, Spain, Portugal, Ireland, UK, Israel, Austria etc. He has published 27 books and 115 scientific papers and book chapters.
