000 06079nam a2200517 i 4500
001 9781509936878
003 CaBNVSL
005 20240319170512.0
006 m o d
007 cr cn||||m|||a
008 210209s2021 enk ob 101 0 eng d
020 _a9781509936878
_q(online)
020 _z9781509936861
_q(PDF)
020 _a9781509936854
_q(ePub)
020 _z9781509948376
_q(softback)
020 _z9781509936847
_q(hardback)
024 7 _a10.5040/9781509936878
_2doi
035 _a(OCoLC)1238133361
040 _aCaBNvSL
_beng
_erda
_cCaBNvSL
_dCaBNvSL
050 4 _aK3171
_b.R855 2021eb
082 0 4 _a340.11
_223
245 0 0 _aRule of law vs majoritarian democracy /
_c[edited by] Giuliano Amato, Benedetta Barbisan and Cesare Pinelli.
250 _aFirst edition.
264 1 _aLondon [England] :
_bHart Publishing,
_c2021
264 2 _a[London, England] :
_bBloomsbury Publishing,
_c2021
300 _a1 online resource (512 pages).
336 _atext
_2rdacontent
337 _acomputer
_2rdamedia
338 _aonline resource
_2rdacarrier
505 0 _a1. Introduction / Giuliano Amato (Italian Constitutional Court) -- PART I WHAT IS THE RULE OF LAW ABOUT? -- 2. Rule of Law Between XVIIth and XIXth Century / Paolo Alvazzi del Frate and Alberto Torini (Università di Roma Tre, Italy) -- 3. Rule of Law Metamorphoses in the Twentieth Century / Luigi Lacch ̈(University of Macerata, Italy) -- 4. Rule of Law and Democracy / Dieter Grimm (Yale Law School, USA) -- 5. EU Rule of Law: The State of Play Following the Debates Surrounding the 2019 Commission's Communication / Dimitry Kochenov and Barbara Grabowska-Moroz (University of Groningen, Netherlands) -- PART II THE PEOPLE -- 6. The People v. Democracy? The Populist Challenge to Judicial Review / Justin Collings (Brigham Young University, USA) -- 7. Proceduralising the People: Deliberative Democracy, Majority Rule, and the Rule of Law / Simone Chambers (University of California at Irvine, USA) 8. Élite vs People Yves Mňy (Scuola Superiore Sant'Anna, Italy) -- 9. The Double Fiction of the People Cesare Pinelli (University of Rome Sapienza, Italy) -- 10. Stronger Together? Populist (or Non-Populist) Politics of Peoplehood Jan-Werner Müller (Princeton University, USA) -- 11. Does Illiberal Democracy Exist? / Gabor Halmai (European University Institute, Italy) -- 12. Majority Rule, Democracy, and Populism: Theoretical Considerations Wojciech Sadurski (University of Sydney, Australia) -- 13. New Technologies at the Service of Deliberative Democracy Jos ̌Luis Mart ︡(Pompeu Fabra - Barcelona, Spain) PART III DEMOCRACY AND ITS ENEMIES -- 14. Is Still Democracy the Worst Form of Government Except All Others? Gianfranco Pasquino (Alma Mater Studiorum Bologna, Italy) -- 15. The Old-Fashioned (or Out of Fashion?) Prohibition on a Binding Mandate Benedetta Barbisan (University of Macerata, Italy) -- 16. Party Fatigue in European Democracies / Piero Ignazi (Alma Mater Studiorum Bologna, Italy) -- 17. Market Power and Democracy / Antonio Cucinotta (University of Messina, Italy) -- 18. Economic Crisis and Liberal Democracies Moreno Bertoldi and Michele Salvati (University of Milan, Italy) -- 19. Social Identities, Borders and Majorities / Gian Primo Cella (University of Milan, Italy) PART IV ELECTED AND NON ELECTED -- 20. The Role of Judges in a Representative Democracy / Lord Jonathan H Mance (UK Supreme Court) -- 21. Closely Observed Judges, or the Great Comeback of Authoritarianism in Poland / Malgorzata Gersdorf (Supreme Court of Poland) and Mateusz Pilich (University of Warsaw, Poland)
506 _aAbstract freely available; full-text restricted to individual document purchasers.
520 _a"What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation."--
_cProvided by publisher.
532 0 _aCompliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily.
538 _aMode of access: World Wide Web.
650 0 _aRule of law.
650 0 _aLaw and ethics.
650 7 _aComparative law
_2bicssc
655 4 _aElectronic books.
700 1 _aPinelli, Cesare,
_eeditor.
700 1 _aBarbisan, Benedetta,
_eeditor.
700 1 _aAmato, Giuliano,
_eeditor.
776 0 8 _iPrint version:
_z9781509948376
856 4 0 _3Abstract with links to full text
_uhttps://doi.org/10.5040/9781509936878?locatt=label:secondary_bloomsburyCollections
_qtext/html
975 _aHart Publishing 2021
999 _c10695
_d10695