Rule of law vs majoritarian democracy
Rule of law vs majoritarian democracy
Bok · Engelsk · 2021
| Annen tittel | |
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| Medvirkende | |
| Omfang | viii, 415 sider
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| Opplysninger | Introduction / Giuliano Amato, Italian Constitutional Court -- Rule of law between the seventeenth and nineteenth centuries / Paolo Alvazzi del Frate and Alberto Torini, University of Roma Tre -- Rule of law metamorphoses in the twentieth century / Luigi Lacchè, University of Macerata -- Rule of law and democracy / Dieter Grimm, Wissenschaftskolleg zu Berlin - EU rule of law : the state of play following the debates surrounding the 2019 commission's communication / Barbara Grabowska-Moroz and Dimitry Vladimirovich Kochenov, University of Groningen -- The people vs democracy? The populist challenge to judicial review / Justin Collings, Brigham Young University -- Proceduralising the people : deliberative democracy, majority rule and the rule of law / Simone Chambers, University of California at Irvine -- Elite vs people / Yves Mény, Scuola Superiore Sant'Anna -- The double fiction of the people / Cesare Pinelli, University of Rome Sapienza-- Stronger together? Populist (and non-populist) politics of peoplehood / Jan-Werner Müller, Princeton University -- Does illiberal democracy exist? / Gábor Halmai, European University Institute -- Majority rule, democracy and populism : theoretical considerations / Wojciech Sadurski, University of Sydney -- The role of new technologies in deliberative democracy / José Luis Martí, Pompeu Fabra - Barcelona -- Is democracy still the worst form of government except all others? / Gianfranco Pasquino, Alma Mater Studiorum Bologna -- The old-fashioned (or out of fashion?) Prohibition on the imperative mandate / Benedetta Barbisan, University of Macerata -- Party fatigue in European democracies / Piero Ignazi, Alma Mater Studiorum Bologna -- Market power and democracy / Antonio Cucinotta, University of Messina -- Economic crisis and liberal democracies / Moreno Bertoldi and Michele Salvati, University of Milan-- Social identities, borders and majorities / Gian Primo Cella, University of Milan -- The role of judges in a representative democracy / Lord Mance, UK Supreme Court -- Closely observed judges, or the great comeback of authoritarianism in Poland / Małgorzata Gersdorf, Supreme Court of Poland, Mateusz Pilich, University of Warsaw.. - "What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation"--
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| Emner | |
| Dewey | |
| ISBN | 9781509936847. - 9781509948376
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