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Rule of Law in Crisis: Constitutionalism in a State of Flux

Rule of Law in Crisis: Constitutionalism in a State of Flux

Author: Martin Belov
Publisher: Routledge
ISBN: 9781032393858
Published In: December 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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 the 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.

Introduction

Part I. Rule of Law, Emergency Constitutionalism and Constitutional Polycrisis

Chapter 1. Rule of Law and Democracy in Times of Transitory Constitutionalism, Constitutional Polycrisis and Emergency Constitutionalism: Towards a Global Algorithmic Technocracy?

Martin Belov (University of Sofia ‘St. Kliment Ohridski, Bulgaria)

Chapter 2. Rule of Law and Balance of Rights in the COVID-19 Pandemic

Tanja Cerruti (University of Torino, Italy)

Part II. Rule of Law as Dynamic Concept Dependent on Constitutional Imaginaries, Memory Politics and Identity Politics

Chapter 3. Imaginary of the Rule of Law as a Force of Societal Transition: Central and East European Lessons from European (dis)integration

Jiří Přibán (University of Cardiff, UK)

Chapter 4. Rule of Law and Constitutionalisation of Memory Politics in Hungary and Russia

Uladzislau Belavusau (T.M.C. Asser Instituut, Faculty of Law, University of Amsterdam, Netherlands)

Chapter 5. Rule of Law, Populism and ‘State-Religion’ Relations in South-Eastern Europe: Comparative Research with Particular Attention to the Bulgarian Postcommunist Secularism

Simeon Groysman (University of Sofia ‘St. Kliment Ohridski, Bulgaria)

Part III. EU Perspectives on the Rule of Law Crisis

Chapter 6. The Institutional Politics of the European Union’s Rule of Law Crisis

Thomas Christiansen and Dora Hegedus (LUISS ‘Guido Carli’ University, Rome, Italy)

Chapter 7. Rule of law crisis and the constitutional ‘awareness’ of the EU

Angela Di Gregorio (University of Milan, Italy)

Chapter 8. Rule of Law in the EU and Its Crisis: Central and Eastern European Experiences

Hristo Hristev (University of Sofia ‘St. Kliment Ohridski, Bulgaria)

Part IV. Constitutional Courts and Constitutional Review: Safeguards or Challenge for Rule of Law?

Chapter 9. Constitutional Limits on Legal Interpretation Imposed by the Principle of Rule of Law

Martin Borowski (University of Heidelberg, Germany)

Chapter 10. Material Justice and Formal-Procedural Rule of Law: Conceptual Asymmetries