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

ISBN-13: 9781032393858 / Angielski / Twarda / 2022 / 320 str.

Belov, Martin

Opis

This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment. It 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.

Spis treści

Introduction; PART I Rule of Law, Emergency Constitutionalism and Constitutional Polycrisis 1 Rule of law and democracy in times of transitory constitutionalism, constitutional polycrisis and emergency constitutionalism: Towards a global algorithmic technocracy?; 2 Rule of law and balance of rights in the COVID-19 pandemic; PART II Rule of Law as Dynamic Concept Dependent on Constitutional Imaginaries, Memory Politics and Identity Politics 3 Imaginary of the rule of law as a force of societal transition: Central and East European lessons from European (dis)integration; 4 Rule of law and constitutionalisation of memory politics in Hungary and Russia; 5 Rule of law, populism and “state–religion” relations in South-Eastern Europe: Comparative research with particular attention to the Bulgarian post-communist secularism; PART III EU Perspectives on the Rule of Law Crisis 6 The institutional politics of the European Union’s rule of law crisis; 7 Rule of law crisis and the constitutional ‘awareness’ of the EU; 8 Rule of law in the EU and its crisis: Central and Eastern European experiences; PART IV Constitutional Courts and Constitutional Review: Safeguards or Challenge for Rule of Law? 9 Constitutional limits on legal interpretation; 10 Material justice and formal-procedural rule of law: Conceptual asymmetries; 11 The constitutional review in a state pretending to be ruled by law; 12 The Bulgarian Constitutional Court as a positive legislator; Conclusion

O autorze

Martin Belov is professor in Constitutional and Comparative Constitutional Law at the University of Sofia ‘St. Kliment Ohridski’, Bulgaria.