This comprehensive book offers conceptual, legal and socio-legal insights into the relationship between constitutional traditions and constitutional transitions, as well as a comparative assessment of the two. It explores their impact on national constitutional orders and their implications for the multilevel constitutionalism of the EU.
This comprehensive book offers conceptual, legal and socio-legal insights into the relationship between constitutional traditions and constitutional transitions, as well as a comparative assessment of the two. It explores their impact on national constitutional orders and their implications for the multilevel constitutionalism of the EU.
Presenting extensive analysis of the role of constitutional traditions in the complex constitutional order of the EU, the book draws parallels between the conceptual arguments and the legal realist exploration of the judicial approach to constitutional traditions. Martin Belov and Monika Florczak-Wator, along with their expert contributors, explore these transitory imaginaries as bridges between the constitutional past, present and future, and expand on the fragility of arbitrary constitutional concepts in times of crisis and transition. The book addresses significant issues related to constitutional traditions and constitutional transitions in post-authoritarian societies by employing conceptual analysis, comparative research and case studies.
Constitutional Traditions and Constitutional Transitions is an essential resource for academics and researchers in the fields of European law, comparative constitutional law and administrative law. This book is also beneficial for policymakers and practitioners.
Arvustused
This collection of chapters offers original interdisciplinary perspectives of core themes and problems related to the temporal dynamics between constitutional structures and agencies at both national and transnational level. Constitutional lawyers, political scholars and social scientists will find sophisticated conceptualisations and comparative analyses of different constitutional systems in transition, their historical, political and ideological context and often contingent ways of societal development. The volume includes detailed case studies offering invaluable information to anyone working in the fields of comparative constitutionalism, constitutional theory and interdisciplinary studies of constitutions. -- Jiri Priban, Cardiff University, UK
Contents
Introduction 1
Martin Belov and Monika Florczak-Wtor
PART I IMAGINARIES OF CONSTITUTIONAL
TRADITIONS AND CONSTITUTIONAL TRANSITIONS
1 Constitutional transitions and transitional imaginaries:
bridging legacies of the constitutional past and aspirations
for the constitutional future 13
Martin Belov
2 Shifting constitutional imaginaries: is the liberal-legal
imaginary unsettled by populism? 35
Paul Blokker
PART II CONSTITUTIONAL TRADITIONS AND
CONSTITUTIONAL TRANSITIONS IN
POST-AUTHORITARIAN SOCIETIES
3 The legitimacy of transitions: lessons from South Africa
and Hungary 57
Zoltán Pozsár-Szentmiklósy
4 The resurgence of nationalist-populism in post-communist
Europe: a longue durée perspective 84
Bojan Bugaric and Ivan T. Berend
5 The role of constitutional justice in constitutional
transition in the Baltic region 111
Anita Rodia and Kristina Ptersone
6 The implementation of the rule-of-law principle in
post-Soviet states: myth or reality 133
Kristina Trykhlib
PART III THE ROLE OF CONSTITUTIONAL
TRADITIONS IN THE COMPLEX
CONSTITUTIONAL ORDER OF THE EU
7 From diversity to unity: Central and Eastern European
constitutional traditions in the mosaic of the European
constitutional heritage 161
Monika Florczak-Wtor
8 Reference to common constitutional traditions or national
law in the practice of the General Court of the European Union 184
Krystyna Kowalik-Baczyk
9 The role of constitutional traditions of the Member States
in shaping a common system of liability for breaches of EU law 206
Monika Kawczyska
10 Constitutional traditions and the fundamental rights
protection in the EU: coupling the common effort and
European values regarding solidarity and social rights 235
Lucia Mokrá
Edited by Martin Belov, Professor of Constitutional Law, Faculty of Law, University of Sofia St. Kliment Ohridski, Bulgaria and Monika Florczak-Wtor, Professor of Constitutional Law, Constitutional Law Department and Director, Centre for Interdisciplinary Constitutional Studies, Jagiellonian University, Krakow, Poland
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