Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Easter Closing

We will be closed between Friday 29th March and Monday 1st April for the Easter Bank Holidays, reopening at 8.30am on Tuesday 2nd April. Any orders received during this period will be processed with when we re-open.

Hide this message

Populist Challenges to Constitutional Interpretation in Europe and Beyond

Edited by: Fruzsina Gárdos-Orosz, Zoltán Szente

ISBN13: 9780367710095
Published: May 2021
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £140.00
Paperback edition , ISBN13 9780367710132



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes.

The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. Divided into four parts, Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including: Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyzes the outcomes of the comparative research, summarizing the conclusions of the book.

Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics.

Subjects:
Constitutional and Administrative Law, Jurisprudence
Contents:
PART I: Theoretical implications
Zoltán Szente - Populism and populist constitutionalism
Fruzsina Gárdos-Orosz and Zoltán Szente - The art of constitutional interpretation
Anna Gamper - An ‘Instrument of Government’ or ‘Instrument of Courts’? The Impact of Political Systems on Constitutional Interpretation and the Case of Populism
Mark Tushnet - Can There be Autochthonous Methods of Constitutional Interpretation?
PART II: Constitutional interpretation and populism in Europe
Konrad Lachmayer - Formalism and Judicial Self-Restraint as Tools Against Populism? Considerations Regarding Recent Developments of the Austrian Constitutional Court
Zdeněk Kühn - The Czech Constitutional Court in Times of Populism:From Judicial Activism to Judicial Self-Restraint
Djordje Gardasevic - Popular Initiatives, Populism and the Croatian Constitutional Court
Apostolos Vlachogiannis - Constitutional identity as a populist notion?
Fruzsina Gárdos-Orosz - Constitutional interpretation under the new Fundamental Law of Hungary
Gianmario Demuro and Riccardo Montaldo - The populist reforms in Italy and the instrument of the constitutionally conforming interpretation
Wojciech Brzozowski - Whatever works - Constitutional Interpretation in Poland in Times of Populism
Alexandra Mercescu Non sequiturs in Constitutional Adjudication: Populism or Epistemic Deficit?
Francisco Balaguer Callejón - Constitutional Interpretation and Populism: The case of Spain
John McEldowney - Populism, UK sovereignty, the rule of law and Brexit
PART III: An Outlook
Mark A. Graber - Born Populist: The Trump Administration, the Courts and the Constitution of the United States
Martin Loughlin - Constitutional Interpretation: What can Europeans learn from US debates?
Pablo Riberi - Populist and non-democratic reading of the Constitution
PART IV: Summary
Fruzsina Gárdos-Orosz and Zoltán Szente - Populist challenges to constitutional interpretation