European Constitutional Law Review最新文献_第5页

Controlling the Narrative: Hungary’s Post-2010 Strategies of Non-Compliance before the European Court of Human Rights 控制叙事：匈牙利2010年后在欧洲人权法院的不遵守策略

IF 2.1 2区社会学

European Constitutional Law Review Pub Date : 2023-04-26 DOI: 10.1017/S1574019623000044

U. Kos

引用次数: 0

Towards an Institutionalist Vision of Constituent Power? 宪政权力的制度主义视角?

IF 2.1 2区社会学

European Constitutional Law Review Pub Date : 2023-04-17 DOI: 10.1017/S1574019623000056

Rafael Macía Briedis

{"title":"Towards an Institutionalist Vision of Constituent Power?","authors":"Rafael Macía Briedis","doi":"10.1017/S1574019623000056","DOIUrl":"https://doi.org/10.1017/S1574019623000056","url":null,"abstract":"is because the substantive principles of democratic constitution-making assumed by his theory can only provide a self-su ﬃ cient basis for discerning legitimate displays of constituent authority if we already know (beyond the possibility of legitimate contestation) the speci ﬁ c participants and fora of participation that they are supposed to govern – precisely the kind of knowledge that is precluded by the disruption of existing institutional structures. 8 Abstract principles, after all, cannot replace either clear ex-ante rules or, in their absence, concrete ad hoc decisions when it comes to determining the ‘ proper ’ con ﬁ guration of the law-authorising demos, as such principles are not well suited to answer the organisational questions involved in demarcating the boundaries and forms of political participation – where the decision to include or to exclude, especially in ‘ border-line ’ cases, will in the ﬁ nal analysis remain normatively unjusti ﬁ able. Consequently, to speak of a constituent power capable of reaching all the way down into the constitutional foundations of the polity is to situate the con ﬁ gu-ration of the constituent subject beyond the realm of a priori norms, and to place the decision about the precise scope and mechanisms of constituent democracy in the hands of a power that, far from being exercised by a commonly identi ﬁ able demos, is itself de ﬁ nitional of that demos. Which is why I spoke earlier of usur-pation as one of constituent power ’ s characteristic features.","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47112343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

ECL volume 19 issue 1 Cover and Front matter ECL第19卷第1期封面和封面

IF 2.1 2区社会学

European Constitutional Law Review Pub Date : 2023-03-01 DOI: 10.1017/s1574019623000020

引用次数: 0

ECL volume 19 issue 1 Cover and Back matter ECL第19卷第1期封面和封底

IF 2.1 2区社会学

European Constitutional Law Review Pub Date : 2023-03-01 DOI: 10.1017/s1574019623000032

引用次数: 0

The United Kingdom’s Human Rights Act as a Catalyst of Constitutional Migration: Patterns and Limitations of Rights Importation by Design 作为宪法移民催化剂的英国人权法案：设计输入权利的模式和限制

IF 2.1 2区社会学

European Constitutional Law Review Pub Date : 2023-02-23 DOI: 10.1017/S1574019623000019

R. Masterman

引用次数: 0

The Hypocrisy of Authoritarian Populism in Poland: Between the Facade Rhetoric of Political Constitutionalism and the Actual Abuse of Apex Courts 波兰威权民粹主义的虚伪:在政治宪政的表面修辞与最高法院的实际滥用之间

IF 2.1 2区社会学

European Constitutional Law Review Pub Date : 2023-02-16 DOI: 10.1017/S1574019622000499

Aleksandra Kustra-Rogatka

引用次数: 1

What’s the Problem with Populism? 民粹主义有什么问题？

IF 2.1 2区社会学

European Constitutional Law Review Pub Date : 2023-02-16 DOI: 10.1017/S1574019622000505

M. Tushnet

{"title":"What’s the Problem with Populism?","authors":"M. Tushnet","doi":"10.1017/S1574019622000505","DOIUrl":"https://doi.org/10.1017/S1574019622000505","url":null,"abstract":"‘A specter, one reads, is haunting more than just Europe’.1 So writes Justin Collings in his contribution to Rule of Law vs Majoritarian Democracy. The spectre is right-wing populism – not, I think, ‘majoritarian democracy’ as such. Marx and Engels had an account of where the spectre they thought was haunting Europe in 1848 came from: capitalist development – the economy, in short. The spectre, that is, had a specific political content and a specific economic cause, and for Marx and Engels the remedy was social and economic transformation. But, it turned out, they were wrong: capitalists were able to push the spectre away by a series of institutional reforms of governance. Rule of Law vs Majoritarian Democracy is representative of a spate of scholarship on the contemporary crisis of democracy, if that’s what it is. That scholarship differs from Marx and Engels’s work not solely because it is academic analysis rather than political polemic. It differs as well because it elides politics and economics and attends almost exclusively to institutional matters. Politics is elided by replacing a specifically right-wing populism with populism in general or, as here, with majoritarian democracy. Economics is elided by gesturing in the direction of causes of the crisis located outside of governing institutions – something like a combination of neoliberalism with modes of decision-making enabled by modern communication technologies (‘social media’, ‘the Internet’, and the like) – without seeking to change anything associated with those causes. And, as before, the remedies for the crisis are to be found within the design of governance institutions, generally – though not universally – by restricting the","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2023-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42678259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Constitutionalising the end of history? Pitfalls of a non-regression principle for Article 2 TEU 宪法化历史的终结？第2条标准箱的非回归原理缺陷

IF 2.1 2区社会学

European Constitutional Law Review Pub Date : 2023-02-07 DOI: 10.1017/S1574019622000451

Julian Scholtes

引用次数: 0

The Merkel Court: Judicial Populism since the Lisbon Treaty 默克尔法院:《里斯本条约》以来的司法民粹主义

IF 2.1 2区社会学

European Constitutional Law Review Pub Date : 2023-02-07 DOI: 10.1017/S1574019622000359

Florian Meinel

引用次数: 0

Protection of Constitutional Identity as a Legitimate Aim for Differential Treatment 保护宪法身份作为区别对待的合法目的

IF 2.1 2区社会学

European Constitutional Law Review Pub Date : 2023-02-03 DOI: 10.1017/S1574019622000463

Ignatius Yordan Nugraha

引用次数: 0