Full Description
This book is a topical study of populist constitutionalism and illiberal democracies,exploring their roots in constitutional imagination as well as their normativeentrenchment and performance in political reality. It provides insightful analysis ofrepublican constitutionalism, focusing on the role of people in radical democracyand revolutionary constitutional reform. Furthermore, the outlook, adequacyand performance of constitutional principles in times of democratic ruptures areassessed. The contributors examine the rise of populist constitutionalism and themain trends that have led to the current, ongoing crises in liberal democracy. Thebook includes original analyses of populist constitutionalism from the viewpointof emotions and constitutional imagination, as well as a special chapter devotedto the challenges posed to constitutional democracy by COVID-19. Combiningtheoretical contributions, comparative typologies and important case studies, thespread of populism and illiberal democracy in Europe is critically explored.Populist Constitutionalism and Illiberal Democracies is a timely contribution to thelively discussion surrounding constitutional law, comparative constitutional law,comparative constitutionalism and political science regarding the rise and spreadof illiberal democracies, authoritarian political regimes and revolutionary, radicaldemocratic and populist constitutionalism.
Contents
PART I. FOUNDATIONS. The Concept of Public Interest (p. 1) Public Interest and its Importance in Law (p. 25) Public Interests in Legal Interpretation (p. 45) The Theoretical Basis of the Relationship between Fundamental Rights and Public Interests (p. 59) Three Problematic Assumptions about Public Interests in Law (p. 75) PART II. EU LAW. Fiscal Interests and Fundamental Freedoms (p. 93) National Public Interest Grounds Justifying Gold-Plating of EU Law (p. 109) Public Interests and the Migration of Third-Country Nationals (p. 125) Public Interest as a Potential Limit to Freedom of Movement and Residence of EU Citizens (p. 139) The Public Interest in Private Enforcement of Competition Law via Damages Claims (p. 159) PART III. PRIVATE LAW. Public Interest in Private Law - Some Thoughts from a Civil Law Perspective (p. 179) Public Interest and Corporate Law (p. 205) Public Interest and Strict Liability for Abnormally Dangerous Activities (p. 227) Public Interest in Insolvency Law (p. 247) Consumer Protection and Public Interest (p. 271) PART IV. SELECTED AREAS OF LAW. Public Interests in Austrian Criminal Procedure Law (p. 291) Public Interest before the ECtHR: Protection of Cultural Heritage and the Right to Property (p. 311) Nature Protection as a Public Interest (p. 329) Public Interest, Public Health, and the 2020 Covid-19 Pandemic (p. 347)
