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oapen-20.500.12657-494042021-08-12T07:58:47Z Populist Challenges to Constitutional Interpretation in Europe and Beyond Gárdos-Orosz, Fruzsina Szente, Zoltán Constitutional Courts;Constitutional Interpretation;Constitutional Law;Constitutional Politics;Constitutional Theory;Courts;Politicization of the Judiciary;Populism;Populist constitutionalism bic Book Industry Communication::L Law::LA Jurisprudence & general issues bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LND Constitutional & administrative law::LNDH Government powers bic Book Industry Communication::L Law::LA Jurisprudence & general issues::LAM Comparative law bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNA Legal system: general::LNAA Courts & procedure bic Book Industry Communication::J Society & social sciences::JP Politics & government::JPH Political structure & processes::JPHC Constitution: government & the state "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. The book is 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 how 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 analyses 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." 2021-06-02T14:59:22Z 2021-06-02T14:59:22Z 2021 book 9780367710095 9781003148944 9780367710132 https://library.oapen.org/handle/20.500.12657/49404 eng Comparative Constitutional Change Taylor & Francis Routledge 10.4324/9781003148944 10.4324/9781003148944 7b3c7b10-5b1e-40b3-860e-c6dd5197f0bb e16a036a-bd81-4337-9d01-88bd82e9ba34 9780367710095 9781003148944 9780367710132 Routledge open access
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"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. The book is 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 how 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 analyses 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."
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