Peace, discontent and constitutional law : challenges to constitutional order and democracy / edited by Martin Belov.

Format:

Book

Contributor:

Belov, Martin, editor.

Series:

Comparative Constitutional Change

Language:

English

Subjects (All):

Government, Resistance to.

Physical Description:

1 online resource (271 pages)

Edition:

1st ed.

Place of Publication:

London ; New York, New York : Routledge, [2021]

Summary:

"This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. The volume provides the reader with a multi-discursive analysis of the constitutional foundations of peace, discontent and revolution. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework"-- Provided by publisher.

Contents:

Martin Belov (University of Sofia 'St. Kliment Ohridski', Bulgaria), Constitutional foundations of peace and discontent

José Luis Martí (University 'Pompeu Fabra', Barcelona, Spain), The right to protest and contestation in a deliberative democracy

Francesco Bilancia and Stefano Civitarese Matteucci (University of Chieti-Pescara "G. d'Annunzio", Italy), The material constitutional arrangement of the European Union

Gavin Barrett (University College, Dublin, Ireland), "Don't you know they're talkin' 'bout a revolution? (it sounds like a whisper)" : the Bundesverfassungsgericht ruling in Weiss

Enrico Albanesi (University of Genoa, Italy), National identity (under Art. 4(2) TEU) and constitutional identity (as counter-limits) are not the same. Sailing amongst sincere cooperation revised and the perils of an unavoidable lacuna

Víctor Manuel Cázares Lira (Edinburgh University, UK), A transnational saga of concepts and realities in constitutional history : 1787-18677. Pasquale Viola (University of Bologna, Italy), Inequality and post-revolutionary constitutionalism : a comparative law inquiry on South Asia and Latin America

Wojciech Brzozowski (University of Warsaw, Poland), A silent revolution : how the Islamic religious law is paving its way into the European legal orders

Marie Diekmann (Goethe-University Frankfurt am Main, Germany), The transformative side of law. Reflections on the reconstruction of a radical democratic labour law

Teodora Petrova (Max Planck Institute for Social Law and Social Policy, Munich, Germany), The 'quiet' revolutions in social protection and the constitutional safeguards in Eastern Europe : the cases of Bulgaria, Slovenia, and Latvia

Apostolos Vlachogiannis (Hellenic Open University, Greece), Constitutional change in Greece as a result of the financial crisis : privatizations and the (r)evolution of the economic constitution.

Notes:

Description based on print version record.

ISBN:

1-00-308389-7

1-003-08389-7

1-000-38527-2

9781003083894

OCLC:

1246578517