Constitutionalism under Stress: Essays in Honour of Wojciech Sadurski

Description

Constitutionalism under Stress reflects on comparative constitutionalism in Central and Eastern Europe through the work of eminent constitutional scholar Wojciech Sadurski. The book examines the current decline of liberal democracies and populist challenges to the rule of law in the region - events that Sadurski predicted early on in his writings about Jörg Haider affair in Austria and the introduction of Article 7 TEU by the Amsterdam Treaty. Sadurski's work has chronicled the transition from concern for the most basic of human rights under authoritarian rule to the challenges of democratic governance. The compelling rights discourse of an earlier period gave way to claims of abuse of majoritarian prerogatives as the hopes of liberal democracy encountered the power of illiberalism. The theoretical responses offered for the preservation of liberal democracy, in light of the current turbulence regarding the rule of law in the region, produces a far reaching and effective reference tool on matters of constitutional capture and illiberal democracy. Cover Title_Pages Contents Sadurski_Public_Reason_and_Public_Emotion_A_Tribute Editors’ Biographies List of Contributors List of Abbreviations Introduction: Academic Legacy of Wojciech Sadurski, Rule of Law, and Mnemonic Constitutionalism in Central and Eastern Europe PART I POPULISM AND DEMOCRATIC DECLINE IN CENTRAL AND EASTERN EUROPE 1. The Rise of Nationalist- Authoritarian Populism and the Crisis of Liberal Democracy in Central and Eastern Europe 2. Constitutional Breakdown, Backsliding, or New Post- Conventional Constitutionalism? 3. Democratic Erosion Without Prerequisites? Poland and the Two Liberalisms 4. The Alternatives to a Bite or a Bark: After Launching Article 7 TEU Against the Hungarian Government 5. Polish Lessons: Backsliding, Sabotage, and the Rule of Law 6. The Rule of Law Paradox in the 2016 Constitutional Amendments in Albania 7. Constitutional Security in a State of Emergency PART II THE EU ROLE VIS- À- VIS RULE OF LAW 8. Reinvigorating Democracy in the European Union: Lessons from Ireland’s Citizens’ Assembly? 9. On Barks, Bites, and Promises 10. Article 7 TEU: From ‘Nuclear Option’ to ‘Sisyphean Procedure’? 11. A Social Theory of Constitutional Imaginaries: Beyond the Unity of topos- ethnos- nomos and its European Context 12. Two Charters and a Pillar: The Slow Constitutionalization of Social Rights in European Law PART III LIBERAL CONSTITUTIONALISM AND MILITANT DEMOCRACY: CONSTITUTIONAL REVIEW AND PUBLIC REASON 13. Breaking Down the Meaning of Constitutional Breakdown 14. An Enlightened Man 15. On Legalism, Illiberal Takeover, and the Immune System of Constitutional Democracy 16. Diffuse Constitutionality Review in Germany 17. The Problem of Peer Review in Militant Democracy 18. Extracting Voters from the Nation: Regime- Building in Nineteenth- Century Hungary and England through Electoral Legislation 19. Public Reason and Illiberal Democracy 20. Liberal Nationalism’s Precarious Prospects Epilogue Biography of Professor Wojciech Sadurski List of Publications by Wojciech Sadurski Index