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This volume brings together leading scholars of comparative constitutional law to reflect on current challenges to liberal constitutionalism and democratic governance, as inspired by the work of Professor Wojciech Sadurski.
Sommario
- Introduction: Academic Legacy of Wojciech Sadurski, Rule of Law, and Mnemonic Constitutionalism in Central and Eastern Europe
- Part One: Populism and Democratic Decline in Central and Eastern Europe
- 1: Bojan Bugari¿: The Rise of Nationalist Populism and the Crisis of Liberal Democracy in Central Europe
- 2: Adam Czarnota: Constitutional Breakdown, Backsliding, or New Post-Conventional Constitutionalism?
- 3: Tom Ginsburg: Democratic Erosion Without Prerequisites? Poland and the Two Liberalisms
- 4: Gábor Halmai: The Alternatives to a Bite or a Bark: After Launching Article 7 TEU Against the Hungarian Government
- 5: Martin Krygier: Polish Lessons: Backsliding, Sabotage, and the Rule of Law
- 6: Darinka Piqani: The Rule of Law Paradox in the 2016 Constitutional Amendments in Albania
- 7: Miros¿aw Wyrzykowski: Constitutional Security in a State of Emergency
- Part Two: The EU Role vis-à-vis Rule of Law
- 8: Gráinne de Búrca: Reinvigorating Democracy in the European Union: Lessons from Ireland's Citizens Assembly?
- 9: Dimitry Kochenov: On Barks, Bites, and Promises
- 10: Laurent Pech: Article 7 TEU: From 'Nuclear Option' to 'Sisyphean Procedure'?
- 11: Ji%rí Pribá¿: A Social Theory of Constitutional Imaginaries: Beyond the Unity of topos-ethnos-nomos and its European Context
- 12: Bruno de Witte: Two Charters and a Pillar: The Slow Constitutionalization of Social Rights in European Law
- Part Three: Liberal Constitutionalism and Militant Democracy: Constitutional Review and Public Reason
- 13: Tom Gerald Daly: Breaking Down the Meaning of Constitutional Breakdown
- 14: Samuel Issacharoff: An Enlightened Man
- 15: Armen Mazmanyan: On Legalism, Illiberal Takeover and the Immune System of Constitutional Democracy
- 16: Mathias Möschel: Diffuse Constitutionality Review in Germany
- 17: Jan Werner Mueller: The Problem of Peer Review in Militant Democracy
- 18: András Sajó: Extracting Voters From the Nation: Regime-Building in 19th Century Hungary and England through Electoral Legislation
- 19: Anna ¿ledzi¿ska-Simon: Public Reason and Illiberal Democracy
- 20: Neil Walker: Liberal Nationalism's Precarious Prospects
- Epilogue: Not that which goeth into the mouth defileth a man; but what cometh out of the mouth, this defileth a man (Mat. 15:11): So Why do The Jews Observe Kosher?
Info autore
Dr. Uladzislau Belavusau is Senior Researcher in European Law at the T.M.C. Asser Institute, University of Amsterdam (the Netherlands). Previously he was Assistant Professor of EU law and human rights at the Vrije Universiteit Amsterdam. He is the Principal Investigator for the Netherlands in the EU-sponsored MELA (Memory Laws in European and Comparative Perspectives) research consortium, author of Freedom of Speech: Importing European and US Constitutional Models in Transitional Democracies (Routledge 2013), as well as co-editor of Law and Memory: Towards Legal Governance of History (Cambridge University Press 2017) and EU Anti-Discrimination Law Beyond Gender (Hart 2018).
Dr. Aleksandra Gliszczyńska-Grabias is Assistant Professor at the Institute of Law Studies of the Polish Academy of Sciences. Her policy and legal expertise include the fields of anti-discrimination law, constitutional law, freedom of speech and memory laws. Since September 2016, she has been a Principal Investigator for Poland in the MELA (Memory Laws in European and Comparative Perspectives), EU-sponsored research consortium. In 2015 she became an expert of the Council of Europe in Help in the 28 Project and also joined the Academic Advisory Board of the Community of Democracies. Since January 2018 she has acted as a member of Advisory Board of the International Association of Jewish Lawyers and Jurists.
Riassunto
This volume brings together leading scholars of comparative constitutional law to reflect on current challenges to liberal constitutionalism and democratic governance, as inspired by the work of Professor Wojciech Sadurski.
Testo aggiuntivo
For several decades Wojciech Sadurski has traced the growth of democracy in Eastern and Central Europe and its decline with a determined commitment to liberalism and the rule of law. These essays explore the major themes of his workpopulism, democratic decline, rule of law, constitutional review, militant democracy, supranational constitutionalism, and public reason. The essays are a rich testament to the lasting legacy of this extraordinary and courageous scholar and public intellectual.
