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Full Description
Scholars from political science and law examine the latest research on the constitutionalization of politics in comparative perspective.
The scope includes both inter- country and intra- country perspectives, institutional and systemic analyses, common and civil law systems, focusing on historical and contemporary case studies. There are chapters limited to a concrete legal and political system, analyzing the tools and processes guarding constitutionalization of politics in such countries as the United States, Germany, France, Italy, Poland, Finland, and Bulgaria, as well as studies offering comparative analysis of various institutions representing different countries and different legal and political systems. Taken together, this book uncovers a wide variety of legal and political cultures, systems of governments, and forms of territorial organization. Once uncovered, this approach makes it easier to determine repetitive patterns which may be observed in constitutional review and constitutional interpretation, or significant differences occurring in the models of constitutionalization of politics around the world.
Constitutionalization of Politics in Comparative Perspective tackles important debates among academics interested in the theoretical and practical aspects of constitutions and constitutionalism and will appeal to social scientists, including sociologists, philosophers, security studies and international relations experts but also cultural studies scholars.
The publication is a result of a research project "Constitutionalization of Politics as an Element of Checks and Balances System in Comparative Perspective" funded by the Polish National Science Center (NCN, 2018/31/B/HS5/02637).
Contents
1 Introduction PART I: Theoretical considerations 2 The constitutionalization of politics: theoretical considerations and institutional arrangements 3 Constitutional veto players: a formal quantitative model 4 Constitutional faith and the regulative idea of text immanence: from original and living to competing constitutions in U.S. federal democracy 5 Participatory constitutionalism and the transnational constituent process 6 The rule of law in the liberal tradition as political theology PART II: U.S. perspective 7 Outside actors and constitutional court decision-making 8 U.S. presidents as active interpreters of the Constitution: The case of Donald Trump 9 Layered legitimacy: Bush and Obama's systematic expansion of unilateral war powers 10 Constitutional dynamics of the investigative powers of the U.S. Congress 11 Independent state legislature theory: Examining the influence of the Supreme Court of the United States on state autonomy and electoral processes PART III: Non-U.S. perspective 12 The influence of politics on constitutional interpretations: The Finnish ex-ante constitutional review as an example 13 Climate change policy from the perspective of the constitutionalization of politics: the context of the Fifth French Republic 14 Over-constitutionalized policies and democratic procedures in flux: the case of Bulgaria 15 Italian political parties and the constitutionalization of politics 16 (Not)Governing with judges: legal elites and public policy during the post-communist transformation of Poland.
