Results 281 to 290 of about 103,976 (334)

The Backlash Against Neoliberal Globalization from Above: Elite Origins of the Crisis of the New Constitutionalism

Theory, Culture and Society. Explorations in Critical Social Science, 2021
This article recounts the backlash against the neoliberal constitutionalism that locked in free trade and capital rights through the multilateral treaty organizations of the 1990s.
Q. Slobodian
semanticscholar   +1 more source

Eternity Clauses in Democratic Constitutionalism

, 2021
This book makes a critical contribution to the growing literature on constitutional unamendability, as well as to the broader scholarship in the field of comparative constitutional change.
S. Şuteu
semanticscholar   +1 more source

Transformative Constitutionalism

The Global South and Comparative Constitutional Law, 2020
The Brazilian experience with a transformative constitution and an empowered constitutional court has so far been mixed. This chapter uses the case of Brazil to draw three sets of lessons.
Diego Werneck Arguelhes
semanticscholar   +1 more source

COVID-19 in Hungary and Poland: extraordinary situation and illiberal constitutionalism

, 2020
Hungary and Poland have started their illiberal remodelling in 2010 and 2015 respectively. Both governments routinely apply the illiberal version of the Rule of Law (illiberal legality), which involves that every situation has the potential to be ...
Tímea Drinóczi, A. Bień-Kacała
semanticscholar   +1 more source

Populism, authoritarianism and constitutionalism

German Law Journal, 2019
The paper deals with the relationship of different types of populism with authoritarianism and constitutionalism. In the first part, I try to define various approaches—Left and Right-Wing, “good” or “bad”—to populism, especially from the point of view of
Gábor Halmai
exaly   +2 more sources

Constitutionalism at the Nexus of Life and Law

Science, Technology and Human Values, 2020
This essay introduces a collection of articles gathered under the theme of “law, science, and constitutions of life.” Together, they explore how revolutions in notions of what biological life is are eliciting correspondingly revolutionary imaginations of
J. Hurlbut, S. Jasanoff, Krishanu Saha
semanticscholar   +1 more source

Practical Constitutionalism

2022
In this chapter, Anthony Lang explores the role that Aristotle plays – and could be playing – in a Praxis approach. He first shows that Kratochwil invokes Aristotle a number of times but critiques him for having an overly theoretical focus. Lang argues that Aristotle is more beneficial than Kratochwil makes him out to be for understanding the practical
openaire   +1 more source

Perspectives on digital constitutionalism

SSRN Electronic Journal, 2023
The challenges to rights and freedoms in the digital age have triggered a debate about the role of constitutionalism. From different perspectives, it is possible to refer to this space as digital constitutionalism. This chapter aims to provide an overview of the perspectives of digital constitutionalism – the liberal, the societal and the global – and ...
De Abreu Duarte, Francisco, De Gregorio, Giovanni, Golia, Angelo   +2 more
openaire   +3 more sources

Populist constitutionalism and constituent power

German Law Journal, 2019
Constituent power is a helpful component of constitutional theory because it provides a conceptual and potentially normative explanation of how a new constitution can be made without any existing legal authority to do so.
Oran Doyle
exaly   +2 more sources

Democracy and constitutional reform: Deliberative versus populist constitutionalism

Philosophy & Social Criticism, 2019
Constitutional reform has been an important means to push populist authoritarian agendas in Hungary, Poland, Turkey and Venezuela. The embrace of constitutional means and rhetoric in pursuit of these agendas has led to the growing recognition of ...
S. Chambers
semanticscholar   +1 more source