Law, Politics, and the Constitution: New Perspectives from Legal and Political Theory (Central and Eastern European Forum for Legal, Political, and So
By: Antonia Geisler (editor), Siri Hummel (editor), Michael Hein (editor)Paperback
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The fourth Yearbook of the Central and Eastern European Forum of Young Legal, Political and Social Theorists reassesses central concepts of modern constitutionalism between the poles of law and politics: separation of powers, constitutional review, and constitutional rights and obligations. Fourteen legal scholars and political scientists from the region contribute to interrelated debates in both disciplines. Two questions are particularly raised: How can the aforementioned concepts be understood? And: Which role do they play in current national and supra-national institutions? With regard to the second question, an essential part of the chapters focuses on current developments within the European Union and in post-socialist states of Central and Eastern Europe.
Antonia Geisler is coordinator at the Graduate Academy of the University of Greifswald. Michael Hein works as research associate at the Department of Political and Communication Science at the University of Greifswald. Siri Hummel is scientific assistant at the Alfried Krupp Wissenschaftskolleg in Greifswald.
Contents: Andre Brodocz: Constitutional Courts and Their Power of Interpretation - Michael Hein/Stefan Ewert: What is 'Politicisation' of Constitutional Courts? Towards a Decision-oriented Concept - Martin Belov: Separation of Powers reconsidered: a Proposal for a New Theoretical Model at the Beginning of the 21st Century - Katalin Kelemen: Access to Constitutional Justice in the new Hungarian Constitutional Framework: Life after the Actio Popularis? - Rafal Manko: "War of Courts" as a Clash of Legal Cultures: Rethinking the Conflict Between the Polish Constitutional Tribunal and the Supreme Court Over 'Interpretive Judgments' - Marcin Pieniazek: Paul Ric/ur's Thought as the Basis for a Political Theory of the European Union - Balazs Fekete: Vertical Division of Powers from the Perspective of the Member States - Police Power in the Context of European Union Constitutionalism? - Mariusz Jerzy Golecki: "Solange, Chapter 5?" The Law of the European Union and the Sovereignty in Rulings of the Constitutional Courts in Central Europe - Karolina Ristova-Asterud: The Balancing Role of National Parliaments in Transforming the European Union.Towards a Parliamentary Polity? - Szilard Tattay: The Common Good and Individual Rights - Wojciech Ciszewski: Towards a "Soft" Concept of the State Neutrality Principle - Axelle Reiter: Another Brick in the Wall? A Libertarian Outlook on Constitutional Rights, Individual Obligations, and the Boundaries of Legal Consistency - Konstantin Sachariew: Ethnic Representation in National Legislatures - Normative Foundations and Challenges.
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