This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics.
This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics.
Fruzsina Gárdos-Orosz is Director and Senior Research fellow of the Institute for Legal Studies, Centre for Social Sciences, Hungary, and also Associate Professor in Constitutional Law at the ELTE Law School in Budapest, Hungary. Zoltán Szente is Professor of Law at the Department of Constitutional Law, National University of Public Service, and he is a Research Professor at the Institute for Legal Studies, Centre for Social Sciences of the Hungarian Academy of Sciences, Budapest. He is a co-chair of the IACL Research Group on Constitutional Interpretation, and a Vice-president of the Independent Group of Experts of the Council of Europe.
Inhaltsangabe
PART I Theoretical implications Populism and populist constitutionalism The art of constitutional interpretation An 'Instrument of Government' or 'Instrument of Courts'? The Impact of Political Systems on Constitutional Interpretation and the Case of Populism Can There be Autochthonous Methods of Constitutional Interpretation? PART II Constitutional interpretation and populism in Europe Formalism and Judicial Self-Restraint as Tools Against Populism? Considerations Regarding Recent Developments of the Austrian Constitutional Court The Czech Constitutional Court in Times of Populism:From Judicial Activism to Judicial Self-Restraint Popular Initiatives, Populism and the Croatian Constitutional Court Constitutional identity as a populist notion? Constitutional interpretation under the new Fundamental Law of Hungary The populist reforms in Italy and the instrument of the constitutionally conforming interpretation Whatever works - Constitutional Interpretation in Poland in Times of Populism Non sequiturs in Constitutional Adjudication: Populism or Epistemic Deficit? Constitutional Interpretation and Populism. The case of Spain Populism, UK sovereignty, the rule of law and Brexit PART III An Outlook Born Populist: The Trump Administration, the Courts and the Constitution of the United States Constitutional Interpretation: What can Europeans learn from US debates? Populist and non-democratic reading of the Constitution PART IV Summary Populist challenges to constitutional interpretation
PART I Theoretical implications Populism and populist constitutionalism The art of constitutional interpretation An 'Instrument of Government' or 'Instrument of Courts'? The Impact of Political Systems on Constitutional Interpretation and the Case of Populism Can There be Autochthonous Methods of Constitutional Interpretation? PART II Constitutional interpretation and populism in Europe Formalism and Judicial Self-Restraint as Tools Against Populism? Considerations Regarding Recent Developments of the Austrian Constitutional Court The Czech Constitutional Court in Times of Populism:From Judicial Activism to Judicial Self-Restraint Popular Initiatives, Populism and the Croatian Constitutional Court Constitutional identity as a populist notion? Constitutional interpretation under the new Fundamental Law of Hungary The populist reforms in Italy and the instrument of the constitutionally conforming interpretation Whatever works - Constitutional Interpretation in Poland in Times of Populism Non sequiturs in Constitutional Adjudication: Populism or Epistemic Deficit? Constitutional Interpretation and Populism. The case of Spain Populism, UK sovereignty, the rule of law and Brexit PART III An Outlook Born Populist: The Trump Administration, the Courts and the Constitution of the United States Constitutional Interpretation: What can Europeans learn from US debates? Populist and non-democratic reading of the Constitution PART IV Summary Populist challenges to constitutional interpretation
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