Rule of Law in Crisis

Constitutionalism in a State of Flux
1. Auflage 2022
ISBN: 978-1-032-39385-8
Verlag: Taylor & Francis

Buch, Englisch, 292 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 590 g

Reihe: Routledge Research in Public Law

This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, memory politics and identity politics. It critically assesses the responses given by the EU and its member states to the current crisis. The work also provides an analysis of the most important challenges to rule of law stemming from the performance of constitutional courts, including the risks of judicial activism, politicization of the courts and judicialization of politics. The book will be an invaluable resource for researchers, academics and policy-makers working in the areas of Constitutional Law and Political Science.

Zielgruppe

Postgraduate

Autoren/Hrsg.

Belov, Martin

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politische Systeme Staats- und Regierungsformen, Staatslehre
• Rechtswissenschaften Öffentliches Recht Staats- und Verfassungsrecht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung

Inhaltsverzeichnis

Introduction; PART I Rule of Law, Emergency Constitutionalism and Constitutional Polycrisis 1 Rule of law and democracy in times of transitory constitutionalism, constitutional polycrisis and emergency constitutionalism: Towards a global algorithmic technocracy?; 2 Rule of law and balance of rights in the COVID-19 pandemic; PART II Rule of Law as Dynamic Concept Dependent on Constitutional Imaginaries, Memory Politics and Identity Politics 3 Imaginary of the rule of law as a force of societal transition: Central and East European lessons from European (dis)integration; 4 Rule of law and constitutionalisation of memory politics in Hungary and Russia; 5 Rule of law, populism and “state–religion” relations in South-Eastern Europe: Comparative research with particular attention to the Bulgarian post-communist secularism; PART III EU Perspectives on the Rule of Law Crisis 6 The institutional politics of the European Union’s rule of law crisis; 7 Rule of law crisis and the constitutional ‘awareness’ of the EU; 8 Rule of law in the EU and its crisis: Central and Eastern European experiences; PART IV Constitutional Courts and Constitutional Review: Safeguards or Challenge for Rule of Law? 9 Constitutional limits on legal interpretation; 10 Material justice and formal-procedural rule of law: Conceptual asymmetries; 11 The constitutional review in a state pretending to be ruled by law; 12 The Bulgarian Constitutional Court as a positive legislator; Conclusion

Über Autor(innen)

Martin Belov is professor in Constitutional and Comparative Constitutional Law at the University of Sofia ‘St. Kliment Ohridski’, Bulgaria.