militant democracy undemocratic political parties and beyond

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Militant Democracy

Author : Svetlana Tyulkina
ISBN : 9781317664567
Genre : Law
File Size : 56. 33 MB
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The term ‘militant democracy’ was coined by Karl Loewenstein in the 1930s. He argued that attempts to establish democracy in the Weimar Republic failed due to the lack of militancy against subversive movements. The concept of militant democracy was introduced to legal scholarship and constitutional practice so as to provide democracy with legal means to defend itself against the range of possible activities of non-democratic political actors. This book offers a broad comparative look at the legal concept of militant democracy. It analyses both theoretical and substantive aspects of this concept, investigating its practice in a number of countries and on a diverse array of issues. Examining cases in Australia, Turkey, Spain, Germany, Israel, India, the USA, and the Council of Europe, Svetlana Tyulkina maps the historical development of militant democracy in constitutional theory and explores its interaction with various traditional and contemporary notions of democracy. The book analyses the possibilities and pitfalls of the concept of militant democracy when applied to protect democracy when it is under threat of harm or destruction by undemocratic actors, and suggests possible solutions and measures to overcome those dangers. In its evaluation of the capacity and justification for democracies to apply militant democracy measures, this book will be of great use and interest to students and scholars of public comparative constitutional law, international law, human rights law, and comparative politics.

Holocaust Genocide And The Law

Author : Michael Bazyler
ISBN : 9780190664039
Genre : Law
File Size : 43. 53 MB
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A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."

Justice For Victims Of Crime

Author : Albin Dearing
ISBN : 9783319450483
Genre : Law
File Size : 85. 29 MB
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This book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim. To remedy this problem, the book calls for abandoning the concept of crime as an infringement of a state’s criminal laws and instead reinterpreting it as a violation of human rights. The state’s right to punish the offender would then be replaced by the rights of victims to see those responsible for violating their human rights convicted and punished and by the rights of offenders to be treated as accountable agents.

Fragile Democracies

Author : Samuel Issacharoff
ISBN : 9781107038707
Genre : Law
File Size : 79. 21 MB
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This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.

The Enforcement Of Eu Law And Values

Author : András Jakab
ISBN : 9780191063503
Genre : Law
File Size : 89. 62 MB
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It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.

Defending Democracy

Author : Giovanni Capoccia
ISBN : 0801880386
Genre : History
File Size : 89. 38 MB
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Winner, Best Book on European Politics, European Politics and Society Section, American Political Science Association A comprehensive and thoughtful historical analysis of the democracies of interwar Europe, Defending Democracy provides a unique perspective on the many lessons to be learned from their successes and failures. With an exclusively empirical investigative approach, Capoccia develops a methodology for analyzing contemporary democracies -- such as Algeria, Turkey, Israel, and others -- where similar political conditions are present.

The Militant Face Of Democracy

Author : Anna Geis
ISBN : 9781107434738
Genre : Political Science
File Size : 82. 99 MB
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Democratic peace theory - the argument that democracies very rarely go to war with each other - has come under attack recently for being too naïve and for neglecting the vast amount of wars fought by democracies, especially since the end of the Cold War. This volume offers a fresh perspective by arguing that the same norms that are responsible for the democratic peace can be argued to be responsible for democratic war-proneness. The authors show that democratic norms, which are usually understood to cause peaceful behaviour, are heavily contested when dealing with a non-democratic other. The book thus integrates democratic peace and democratic war into one consistent theoretical perspective, emphasising the impact of national identity. The book concludes by arguing that all democracies have a 'weak spot' where they would be willing to engage militarily.

Contesting Democracy

Author : Jan-Werner Muller
ISBN : 9780300180909
Genre : Political Science
File Size : 75. 94 MB
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DIVThis book is the first major account of political thought in twentieth-century Europe, both West and East, to appear since the end of the Cold War. Skillfully blending intellectual, political, and cultural history, Jan-Werner Müller elucidates the ideas that shaped the period of ideological extremes before 1945 and the liberalization of West European politics after the Second World War. He also offers vivid portraits of famous as well as unjustly forgotten political thinkers and the movements and institutions they inspired. Müller pays particular attention to ideas advanced to justify fascism and how they relate to the special kind of liberal democracy that was created in postwar Western Europe. He also explains the impact of the 1960s and neoliberalism, ending with a critical assessment of today's self-consciously post-ideological age./div

The Future Of Freedom Illiberal Democracy At Home And Abroad Revised Edition

Author : Fareed Zakaria
ISBN : 0393069397
Genre : Political Science
File Size : 47. 20 MB
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“A work of tremendous originality and insight. ... Makes you see the world differently.”—Washington Post Translated into twenty languages ?The Future of Freedom ?is a modern classic that uses historical analysis to shed light on the present, examining how democracy has changed our politics, economies, and social relations. Prescient in laying out the distinction between democracy and liberty, the book contains a new afterword on the United States's occupation of Iraq and a wide-ranging update of the book's themes.

Beyond Trump

Author : Alberto Martinelli
ISBN : 9788899647322
Genre : Political Science
File Size : 89. 5 MB
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Recent political events – from Trump’s election to the outcome of the Brexit referendum – have somehow caught the world by surprise, and are contributing to a growing sense of concern or even alarm about the future of the Western world and, particularly, Western democracies as we know them. When looking at the political landscape in Europe, populism looks like an unprecedented gamechanger. Populists parties are inpower in Poland and Hungary, they are in the coalition governments in Switzerland and Finland, top the polls in France and the Netherlands, and their support is at record highs in Sweden. Not to mention the recent rise of Alternative für Deutschland in Germany and the successful story of Syriza, Podemos and of the Five Stars Movement in Southern Europe. The volume explores the rise of populism in Europe and the US by analyzing its root causes and the rationale behind its success. It also draws some policy recommendations to tackle the populist challenge.

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