Populist Challenges to Constitutional Interpretation in Europe and Beyond

Populist Challenges to Constitutional Interpretation in Europe and Beyond

Author: Fruzsina Gárdos-Orosz

Publisher: Routledge

Published: 2021-05-03

Total Pages: 309

ISBN-13: 1000386228

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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. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.


Book Synopsis Populist Challenges to Constitutional Interpretation in Europe and Beyond by : Fruzsina Gárdos-Orosz

Download or read book Populist Challenges to Constitutional Interpretation in Europe and Beyond written by Fruzsina Gárdos-Orosz and published by Routledge. This book was released on 2021-05-03 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Populism and Contemporary Democracy in Europe

Populism and Contemporary Democracy in Europe

Author: Josep Maria Castellà Andreu

Publisher: Springer Nature

Published: 2022-04-12

Total Pages: 341

ISBN-13: 3030928845

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This book provides a comprehensive analysis of the impact of populism on the European democratic polity. In the last two decades, European democracies have come under strain amid growing populism. By asserting the superiority of the majority over the law, of direct democracy over representation, and claiming the necessity to defend national sovereignty against foreign interferences, the populist conception of democracy is in stark contrast with the longstanding Western notion of liberal democracy. This volume investigates populist attempts to radically change what Bobbio called the “rules of the game” of democracy from an eminently legal perspective. Weaving together normative and empirical analysis, the contributions focus on the institutions that have suffered the most from the rise of populism as well as those that have better resisted the populist tide. Special attention will be paid to the Venice Commission’s opinions and documents, as they represent the best European standards to evaluate the extent to which populism deviates from constitutional democracy requirements. The book also considers the responses of European States to the explosion of the COVID-19 pandemic. The COVID-19 pandemic has indeed been an accelerator of known and studied trends in most constitutional systems, such as the concentration of powers in the executive hands and the consequential loss of parliament's centrality. Various forms of populism across Europe have thus found an ideal breeding ground to implement their agenda of granting the executive broad regulatory and decision-making powers while loosening parliamentary and judicial checks. Against this backdrop, the book analyses how European democracies should adapt to the challenges posed by the pandemic, as this reflection can help respond to populist threats and propose a way forward for liberal democracy.


Book Synopsis Populism and Contemporary Democracy in Europe by : Josep Maria Castellà Andreu

Download or read book Populism and Contemporary Democracy in Europe written by Josep Maria Castellà Andreu and published by Springer Nature. This book was released on 2022-04-12 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the impact of populism on the European democratic polity. In the last two decades, European democracies have come under strain amid growing populism. By asserting the superiority of the majority over the law, of direct democracy over representation, and claiming the necessity to defend national sovereignty against foreign interferences, the populist conception of democracy is in stark contrast with the longstanding Western notion of liberal democracy. This volume investigates populist attempts to radically change what Bobbio called the “rules of the game” of democracy from an eminently legal perspective. Weaving together normative and empirical analysis, the contributions focus on the institutions that have suffered the most from the rise of populism as well as those that have better resisted the populist tide. Special attention will be paid to the Venice Commission’s opinions and documents, as they represent the best European standards to evaluate the extent to which populism deviates from constitutional democracy requirements. The book also considers the responses of European States to the explosion of the COVID-19 pandemic. The COVID-19 pandemic has indeed been an accelerator of known and studied trends in most constitutional systems, such as the concentration of powers in the executive hands and the consequential loss of parliament's centrality. Various forms of populism across Europe have thus found an ideal breeding ground to implement their agenda of granting the executive broad regulatory and decision-making powers while loosening parliamentary and judicial checks. Against this backdrop, the book analyses how European democracies should adapt to the challenges posed by the pandemic, as this reflection can help respond to populist threats and propose a way forward for liberal democracy.

Populist Constitutionalism and Illiberal Democracies

Populist Constitutionalism and Illiberal Democracies

Author: Martin Belov

Publisher:

Published: 2021

Total Pages: 378

ISBN-13: 9781839701399

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This book is a topical study of populist constitutionalism and illiberal democracies, exploring their roots in constitutional imagination as well as their normative entrenchment and performance in political reality. It provides insightful analysis of republican constitutionalism, focusing on the role of people in radical democracy and revolutionary constitutional reform. Furthermore, the outlook, adequacy and performance of constitutional principles in times of democratic ruptures are assessed. The contributors examine the rise of populist constitutionalism and the main trends that have led to the current, ongoing crises in liberal democracy. The book includes original analyses of populist constitutionalism from the viewpoint of emotions and constitutional imagination, as well as a special chapter devoted to the challenges posed to constitutional democracy by COVID-19. Combining theoretical contributions, comparative typologies and important case studies, the spread of populism and illiberal democracy in Europe is critically explored. Populist Constitutionalism and Illiberal Democracies is a timely contribution to the lively discussion surrounding constitutional law, comparative constitutional law, comparative constitutionalism and political science regarding the rise and spread of illiberal democracies, authoritarian political regimes and revolutionary, radical democratic and populist constitutionalism. With contributions by Martin Belov (University of Sofia 'St. Kliment Ohridski'), Agnieszka Bien-Kacala (Nicolaus Copernicus University in Torun), Paul Blokker (University of Bologna), Monica Bonini (Università degli Studi di Milano-Bicocca), Carlo Alberto Ciaralli (University 'G. d'Annunzio' of Chieti-Pescara), Eoin Daly (National University of Ireland), Gianmario Demuro (University of Cagliari), Tímea Drinóczi (University of Pécs), Wojciech Engelking (University of Warsaw), Angela Di Gregorio (University of Milano), Marcin Kilanowski (Nicolaus Copernicus University in Torun), Zoltán Pozsár-Szentmiklósy (ELTE Eötvös Loránd University), Przemyslaw Tacik (Jagiellonian University of Kraków), Anna Tarnowska (Nicolaus Copernicus University in Torun), Zoltan J. Toth (Károli Gáspár University), Julia Wesolowska (Jagiellonian University of Kraków) and Wojciech Wloch (Nicolaus Copernicus University in Torun).


Book Synopsis Populist Constitutionalism and Illiberal Democracies by : Martin Belov

Download or read book Populist Constitutionalism and Illiberal Democracies written by Martin Belov and published by . This book was released on 2021 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a topical study of populist constitutionalism and illiberal democracies, exploring their roots in constitutional imagination as well as their normative entrenchment and performance in political reality. It provides insightful analysis of republican constitutionalism, focusing on the role of people in radical democracy and revolutionary constitutional reform. Furthermore, the outlook, adequacy and performance of constitutional principles in times of democratic ruptures are assessed. The contributors examine the rise of populist constitutionalism and the main trends that have led to the current, ongoing crises in liberal democracy. The book includes original analyses of populist constitutionalism from the viewpoint of emotions and constitutional imagination, as well as a special chapter devoted to the challenges posed to constitutional democracy by COVID-19. Combining theoretical contributions, comparative typologies and important case studies, the spread of populism and illiberal democracy in Europe is critically explored. Populist Constitutionalism and Illiberal Democracies is a timely contribution to the lively discussion surrounding constitutional law, comparative constitutional law, comparative constitutionalism and political science regarding the rise and spread of illiberal democracies, authoritarian political regimes and revolutionary, radical democratic and populist constitutionalism. With contributions by Martin Belov (University of Sofia 'St. Kliment Ohridski'), Agnieszka Bien-Kacala (Nicolaus Copernicus University in Torun), Paul Blokker (University of Bologna), Monica Bonini (Università degli Studi di Milano-Bicocca), Carlo Alberto Ciaralli (University 'G. d'Annunzio' of Chieti-Pescara), Eoin Daly (National University of Ireland), Gianmario Demuro (University of Cagliari), Tímea Drinóczi (University of Pécs), Wojciech Engelking (University of Warsaw), Angela Di Gregorio (University of Milano), Marcin Kilanowski (Nicolaus Copernicus University in Torun), Zoltán Pozsár-Szentmiklósy (ELTE Eötvös Loránd University), Przemyslaw Tacik (Jagiellonian University of Kraków), Anna Tarnowska (Nicolaus Copernicus University in Torun), Zoltan J. Toth (Károli Gáspár University), Julia Wesolowska (Jagiellonian University of Kraków) and Wojciech Wloch (Nicolaus Copernicus University in Torun).

Judicial Activism in an Age of Populism

Judicial Activism in an Age of Populism

Author: Sonja Grover

Publisher: Taylor & Francis

Published: 2023-03-31

Total Pages: 205

ISBN-13: 1000850757

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This book explores the range of meanings attributed to the terms ‘judicial activism’ and ‘populism’ in contemporary times and examines the potential interplay between these two phenomena. Drawing upon various political examples, it discusses the implication of populist movements for democratic institutions, policies, and processes. The chapters in this volume examine the impact of populism on judicial decision-making in various socio-cultural contexts. The contributing authors explore the implications of populist beliefs, including those which promote anti-democratic perspectives, on the integrity, independence, and the role of the judiciary in a democratic society. This volume offers unique international perspectives on the concern that populist initiatives may be and continue to be a threat to democratic foundational values and principles. Judicial Activism in an Age of Populism will be a beneficial read for students of Politics, Sociology, Public Administration and Management, and Law and Society. It was originally published as a special issue of The International Journal of Human Rights.


Book Synopsis Judicial Activism in an Age of Populism by : Sonja Grover

Download or read book Judicial Activism in an Age of Populism written by Sonja Grover and published by Taylor & Francis. This book was released on 2023-03-31 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the range of meanings attributed to the terms ‘judicial activism’ and ‘populism’ in contemporary times and examines the potential interplay between these two phenomena. Drawing upon various political examples, it discusses the implication of populist movements for democratic institutions, policies, and processes. The chapters in this volume examine the impact of populism on judicial decision-making in various socio-cultural contexts. The contributing authors explore the implications of populist beliefs, including those which promote anti-democratic perspectives, on the integrity, independence, and the role of the judiciary in a democratic society. This volume offers unique international perspectives on the concern that populist initiatives may be and continue to be a threat to democratic foundational values and principles. Judicial Activism in an Age of Populism will be a beneficial read for students of Politics, Sociology, Public Administration and Management, and Law and Society. It was originally published as a special issue of The International Journal of Human Rights.

Constitutionalism beyond Liberalism

Constitutionalism beyond Liberalism

Author: Michael W. Dowdle

Publisher: Cambridge University Press

Published: 2017-01-26

Total Pages: 375

ISBN-13: 1316943089

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Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.


Book Synopsis Constitutionalism beyond Liberalism by : Michael W. Dowdle

Download or read book Constitutionalism beyond Liberalism written by Michael W. Dowdle and published by Cambridge University Press. This book was released on 2017-01-26 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.

Constitutional Democracy in Crisis?

Constitutional Democracy in Crisis?

Author: Mark A. Graber

Publisher: Oxford University Press

Published: 2018-08-23

Total Pages: 352

ISBN-13: 0190889004

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Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."


Book Synopsis Constitutional Democracy in Crisis? by : Mark A. Graber

Download or read book Constitutional Democracy in Crisis? written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-08-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

Populism: A Very Short Introduction

Populism: A Very Short Introduction

Author: Cas Mudde

Publisher: Oxford University Press

Published: 2017-01-02

Total Pages: 160

ISBN-13: 019023489X

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Populism is a central concept in the current media debates about politics and elections. However, like most political buzzwords, the term often floats from one meaning to another, and both social scientists and journalists use it to denote diverse phenomena. What is populism really? Who are the populist leaders? And what is the relationship between populism and democracy? This book answers these questions in a simple and persuasive way, offering a swift guide to populism in theory and practice. Cas Mudde and Cristóbal Rovira Kaltwasser present populism as an ideology that divides society into two antagonistic camps, the "pure people" versus the "corrupt elite," and that privileges the general will of the people above all else. They illustrate the practical power of this ideology through a survey of representative populist movements of the modern era: European right-wing parties, left-wing presidents in Latin America, and the Tea Party movement in the United States. The authors delve into the ambivalent personalities of charismatic populist leaders such as Juan Domingo Péron, H. Ross Perot, Jean-Marie le Pen, Silvio Berlusconi, and Hugo Chávez. If the strong male leader embodies the mainstream form of populism, many resolute women, such as Eva Péron, Pauline Hanson, and Sarah Palin, have also succeeded in building a populist status, often by exploiting gendered notions of society. Although populism is ultimately part of democracy, populist movements constitute an increasing challenge to democratic politics. Comparing political trends across different countries, this compelling book debates what the long-term consequences of this challenge could be, as it turns the spotlight on the bewildering effect of populism on today's political and social life.


Book Synopsis Populism: A Very Short Introduction by : Cas Mudde

Download or read book Populism: A Very Short Introduction written by Cas Mudde and published by Oxford University Press. This book was released on 2017-01-02 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Populism is a central concept in the current media debates about politics and elections. However, like most political buzzwords, the term often floats from one meaning to another, and both social scientists and journalists use it to denote diverse phenomena. What is populism really? Who are the populist leaders? And what is the relationship between populism and democracy? This book answers these questions in a simple and persuasive way, offering a swift guide to populism in theory and practice. Cas Mudde and Cristóbal Rovira Kaltwasser present populism as an ideology that divides society into two antagonistic camps, the "pure people" versus the "corrupt elite," and that privileges the general will of the people above all else. They illustrate the practical power of this ideology through a survey of representative populist movements of the modern era: European right-wing parties, left-wing presidents in Latin America, and the Tea Party movement in the United States. The authors delve into the ambivalent personalities of charismatic populist leaders such as Juan Domingo Péron, H. Ross Perot, Jean-Marie le Pen, Silvio Berlusconi, and Hugo Chávez. If the strong male leader embodies the mainstream form of populism, many resolute women, such as Eva Péron, Pauline Hanson, and Sarah Palin, have also succeeded in building a populist status, often by exploiting gendered notions of society. Although populism is ultimately part of democracy, populist movements constitute an increasing challenge to democratic politics. Comparing political trends across different countries, this compelling book debates what the long-term consequences of this challenge could be, as it turns the spotlight on the bewildering effect of populism on today's political and social life.

Multiple Populisms

Multiple Populisms

Author: Paul Blokker

Publisher: Routledge

Published: 2019-09-17

Total Pages: 266

ISBN-13: 1351115723

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This book provides a comprehensive interpretation of the multiple manifestations of populism using Italy, the only country amongst consolidated constitutional democracies in which populist political forces have been in government on various occasions since the early 1990s, as the starting point and benchmark. Populism is a complex, multi-faceted political phenomenon which redefines many of the essential characteristics of democracy; participation, representation, and political conflict. This book considers contemporary versions of populism that pose a real challenge to representative and constitutional democracy. Contributors provide an integrative interpretation of populism and analyse its principal historical, social and politico-legal variables to provide a multi-dimensional reflection on the concept of populism, comprehensive analysis of the populist phenomenon and a theoretical and comparative perspective on the diverse political experiences of populism. Based on conceptual and interdisciplinary reflections from expert authors, this book will be of great interest to scholars and post-graduate students of cultural studies, European studies, political sociology, political science, comparative politics, political philosophy, and political theory with an interest in a comparative and interdisciplinary theory of populism and its manifestations.


Book Synopsis Multiple Populisms by : Paul Blokker

Download or read book Multiple Populisms written by Paul Blokker and published by Routledge. This book was released on 2019-09-17 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive interpretation of the multiple manifestations of populism using Italy, the only country amongst consolidated constitutional democracies in which populist political forces have been in government on various occasions since the early 1990s, as the starting point and benchmark. Populism is a complex, multi-faceted political phenomenon which redefines many of the essential characteristics of democracy; participation, representation, and political conflict. This book considers contemporary versions of populism that pose a real challenge to representative and constitutional democracy. Contributors provide an integrative interpretation of populism and analyse its principal historical, social and politico-legal variables to provide a multi-dimensional reflection on the concept of populism, comprehensive analysis of the populist phenomenon and a theoretical and comparative perspective on the diverse political experiences of populism. Based on conceptual and interdisciplinary reflections from expert authors, this book will be of great interest to scholars and post-graduate students of cultural studies, European studies, political sociology, political science, comparative politics, political philosophy, and political theory with an interest in a comparative and interdisciplinary theory of populism and its manifestations.

EU Law in Populist Times

EU Law in Populist Times

Author: Francesca Bignami

Publisher: Cambridge University Press

Published: 2020-01-02

Total Pages: 611

ISBN-13: 1108485081

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A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.


Book Synopsis EU Law in Populist Times by : Francesca Bignami

Download or read book EU Law in Populist Times written by Francesca Bignami and published by Cambridge University Press. This book was released on 2020-01-02 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.

European Populism and Human Rights

European Populism and Human Rights

Author: Jure Vidmar

Publisher: BRILL

Published: 2020

Total Pages: 364

ISBN-13: 9789004416017

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"A definition of Europe can be geographic, historic, political and/ or legal. This book understands Europe as Member States of the Council of Europe and thus states party to the European Convention of Human Rights (echr, the Convention). Unlike the European Union (EU), the Council of Europe was explicitly created with the aim of human rights protection.1 At present, it has forty- seven Member States which are ipso facto party to the echr"--


Book Synopsis European Populism and Human Rights by : Jure Vidmar

Download or read book European Populism and Human Rights written by Jure Vidmar and published by BRILL. This book was released on 2020 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A definition of Europe can be geographic, historic, political and/ or legal. This book understands Europe as Member States of the Council of Europe and thus states party to the European Convention of Human Rights (echr, the Convention). Unlike the European Union (EU), the Council of Europe was explicitly created with the aim of human rights protection.1 At present, it has forty- seven Member States which are ipso facto party to the echr"--