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Constitutional Traditions and Constitutional Transitions

Constitutional Traditions and Constitutional Transitions

Author: Martin Belov; Monika Florczak-Wątor
Publisher: Edward Elgar Publishing
ISBN: 9781035345403
Published In: December 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,482.00

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Contents

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This comprehensive book offers conceptual, legal, and socio-legal insights into the relationship between constitutional traditions and constitutional transitions, as well as a comparative assessment of the two. It explores their impact on national constitutional orders and their implications for the multilevel constitutionalism of the EU.

Presenting extensive analysis of the role of constitutional traditions in the complex constitutional order of the EU, the book draws parallels between the conceptual arguments and the legal realist exploration of the judicial approach to constitutional traditions. Martin Belov and Monika Florczak-Wątor, along with their expert contributors, explore these transitory imaginaries as bridges between the constitutional past, present, and future, and expand on the fragility of arbitrary constitutional concepts in times of crisis and transition. The book addresses significant issues related to constitutional traditions and constitutional transitions in post-authoritarian societies by employing conceptual analysis, comparative research and case-studies.

Constitutional Traditions and Constitutional Transitions is an essential resource for academics and researchers in the fields of European law, comparative constitutional law and administrative law. This book is also beneficial for policymakers and practitioners.

Introduction 1

Martin Belov and Monika Florczak-Wątor

PART I IMAGINARIES OF CONSTITUTIONAL TRADITIONS AND CONSTITUTIONAL TRANSITIONS

Constitutional transitions and transitional imaginaries: bridging legacies of the constitutional past and aspirations for the constitutional future 13

Martin Belov

Shifting constitutional imaginaries: is the liberal-legal imaginary unsettled by populism? 35

Paul Blokker

PART II CONSTITUTIONAL TRADITIONS AND CONSTITUTIONAL TRANSITIONS IN POST-AUTHORITARIAN SOCIETIES

The legitimacy of transitions: lessons from South Africa and Hungary 57

Zoltán Pozsár-Szentmiklósy

The resurgence of nationalist-populism in post-communist Europe: a longue durée perspective 84

Bojan Bugaric and Ivan T. Berend

The role of the constitutional justice in constitutional transition in the Baltic region 111

Anita Rodiņa and Kristiāna Pētersone

The implementation of the rule-of-law principle in post-Soviet states: myth or reality 133

Kristina Trykhlib

PART III THE ROLE OF CONSTITUTIONAL TRADITIONS IN THE COMPLEX CONSTITUTIONAL ORDER OF THE EU

From diversity to unity: Central and Eastern Europeanconstitutional traditions in the mosaic of the European

constitutional heritage 161

Monika Florczak-Wątor

Reference to common constitutional traditions or national law in the practice of General Court of European Union 184

Krystyna Kowalik-Bańczyk

The role of constitutional traditions of the member states in shaping a common system of liability for breaches of EU law 206

Monika Kawczyńska

10.

Constitutional traditions and the fundamental rights protection in the EU: coupling the common effort and

European values regards solidarity and social rights 235

Lucia Mokrá

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