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Peace, Discontent and Constitutional Law: Challenges to Constitutional Order and Democracy

Edited by: martin Belov

ISBN13: 9780367539702
To be Published: May 2021
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00

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.

The book provides a valuable resource for academics, researchers and policy-makers working in the areas of constitutional law and politics.

Constitutional and Administrative Law
Part I. The Constitutional Foundations of Democratic Peace and Democratic Discontent in Times of Crisis and Transition
1. Martin Belov - Constitutional Foundations of Peace and Discontent
2. José Luis Martí - The right to protest and contestation in a deliberative democracy
Part II. Peace and Discontent in the EU constitutional order
3. Francesco Bilancia and Stefano Civitarese Matteucci - The Material Constitutional Arrangement of the European Union
4. Gavin Barrett - "Don’t You Know They’re Talkin’ ’bout a Revolution? (It Sounds Like a Whisper)": the Bundesverfassungsgericht Ruling in Weiss
5. Enrico Albanesi - 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
Part III. Peace, Order, and Disorder in Composite Societies: National, Ethnocentric, and Religious Factors for Peace or Discontent
6. Víctor Manuel Cázares Lira - A transnational saga of concepts and realities in constitutional history: 1787-1867
7. Pasquale Viola - Inequality and Post-Revolutionary Constitutionalism: A Comparative Law Inquiry on South Asia and Latin America
8. Wojciech Brzozowski - A Silent Revolution: How the Islamic Religious Law is Paving Its Way into the European Legal Orders
Part IV. Economic Challenges to Constitutional Peace and Order in Times of Crisis of Neoliberalism
9. Marie Diekmann - The Transformative Side of Law – Reflections on the Reconstruction of a Radical Democratic Labour Law
10. Teodora Petrova - The ‘Quiet’ Revolutions in Social Protection and the Constitutional Safeguards in Eastern Europe: The Cases of Bulgaria, Slovenia, and Latvia
11. Apostolos Vlachogiannis - Constitutional Change in Greece as a Result of the Financial Crisis: Privatizations and the (R)evolution of the Economic Constitution