scholarly journals Introduction: Populist constitutionalism: Varieties, complexities, and contradictions

2019 ◽  
Vol 20 (3) ◽  
pp. 291-295 ◽  
Author(s):  
Paul Blokker ◽  
Bojan Bugaric ◽  
Gábor Halmai
Keyword(s):  
Rule Of Law ◽  
Union Member ◽  
Special Issue ◽  
Constituent Power ◽  
Constitutional Politics ◽  
The Rule Of Law ◽  
Complex Relation ◽  
Established Democracies ◽  
European Union Member States ◽  
Fundamental Values

AbstractThe intense engagement of populists with constitutionalism—a phenomenon originally related to experiences in Latin America—is increasingly evident in some of the new European Union member states. But the populist phenomenon is clearly not confined to more recently established democracies. Populist constitutionalism stands for a number of distinctive tendencies in constitutional politics and practices which frequently are in tension with—and may even threaten—fundamental values, human rights, representative democracy, and the rule of law. The relation between populism and constitutionalism is, however, not necessarily one of anti-thesis, but rather manifests itself in distinctive ways, depending on specific contexts and variations. In this special issue, we argue that populist constitutionalism is best analyzed in a comparative, and historically and contextually attuned manner. The special issue wants to contribute to understandings of populist constitutionalism, which are both theoretically more robust and able to comparatively reflect on a diversity of “really existing” cases. The various contributions discuss central dimensions to the populist phenomenon. These pertain in particular to: (a) The varieties of populist engagement with constitutionalism; (b) a deeper understanding of the populist mindset; (c) the position-taking and reaction of constitutional scholars to populism; (d) the complex relation and overlap of populism with illiberalism and authoritarianism; and (e) the central nature of constituent power in populist projects.

International Legal Cooperation between Kosovo and Other States and Organizations

2018 ◽  
Vol 43 (3) ◽  
pp. 314-330
Author(s):  
Hajredin Kuçi
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
International Organizations ◽  
Union Member ◽  
Ad Hoc ◽  
The European Union ◽  
The Rule Of Law ◽  
Cross Border ◽  
Post War ◽  
European Union Member States

Building a rule-of-law-based democracy is a challenge for post-communist and post-war societies. Rule of law is a priority for these societies and also one of the membership criteria required by international organizations, in particular the European Union. As such, an aspiring country like Kosovo has to face the challenge of building a legal system that is compatible with that of the European Union member states while also developing its legal cooperation with other countries. Through international legal cooperation, countries strengthen the fight against criminal actions that are punishable in all modern states and also exchange experience in combating cross-border crime, trafficking, corruption, terrorism, and other violations of criminal law. In this regard, Kosovo faces many challenges in the field of international legal cooperation, not only with regard to those missions operating in Kosovo itself (such as EULEX, UNMIK, etc.), but also with other international organizations, especially due to Kosovo’s lack of membership in them. Another challenge is cooperation with countries that have not yet recognized Kosovo as a state. This article emphasizes the efforts made by Kosovo’s institutions to engage in international legal cooperation as one of the prerequisites for building the rule of law at home. The main issues tackled in the article are how these problems are addressed in practice, which obstacles arise, what the ad hoc means are of engaging in international legal cooperation, and what the specificities and prospects are for Kosovo’s international legal cooperation. As such, the aim of the article is to examine some of the legal peculiarities and uncertainties that have been created over the years as the result of limitations on Kosovo’s international personality and to consider innovative means to ensure Kosovo’s legal cooperation with other countries.

scholarly journals Judicial authority, legitimacy and the (international) rule of law as essentially contested and interpretive concepts: Introduction to the special issue

2021 ◽  
Vol 10 (1) ◽  
pp. 75-90
Author(s):  
KNUT TRAISBACH
Keyword(s):  
Rule Of Law ◽  
Special Issue ◽  
Ronald Dworkin ◽  
Final Point ◽  
The Rule Of Law ◽  
Trade Offs ◽  
Judicial Authority ◽  
International Rule

AbstractBeyond setting the stage, the Introduction makes three claims about the conceptual triangle of the rule of law, judicial authority and legitimacy. The first is that all three are essentially contested and interpretive concepts in the sense of Walter B. Gallie and Ronald Dworkin. In their expositions, the contested and interpretative nature of such concepts is nothing to be ‘solved’, rather the formulation of different conceptions and contestation about them are central functions of such concepts. The interpretive and essentially contested nature points us to the relevant ‘actors’ and to conflicts and trade-offs between contested competencies. Thus the second point is that arguments about the rule of law and judicial legitimacy are often a means of questioning or securing the authority of a particular actor or institution in relation to other actors and institutions. The final point is that transposing concepts from the domestic to the supranational is a constructive endeavour because it entails creating new conceptions and substituting old ones as well as legitimising new authorities and delegitimising old ones. Thus, this special issue also cautions against discourses that ultimately are more about legitimation than about legitimacy and more about new ways of ruling than the rule of law.

Anti-Corruption Legislation In Turkish Law

2007 ◽  
Vol 8 (9) ◽  
pp. 903-914 ◽  
Author(s):  
Güne Okuyucu-Ergün
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Union Member ◽  
Political Stability ◽  
Foreign Investors ◽  
The Rule Of Law ◽  
The World ◽  
Almost All

Corruption poses an increasingly serious threat against Turkey as well as the rest of the world in many respects. The fight against corruption is crucial, in particular, to achieve an economic and political stability, to attract foreign investors and to establish the rule of law. In addition to those interests, which are common for almost all countries, anti-corruption has a particular importance for Turkey in the achievement of its goal of becoming a European Union member, since anti-corruption is expected to feature prominently in Turkey's talks on European Union accession.

scholarly journals Reproductive Politics in Twentieth-Century France and Britain

2019 ◽  
Vol 63 (2) ◽  
pp. 117-133 ◽  
Author(s):  
Jesse Olszynko-Gryn ◽  
Caroline Rusterholz
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
News Media ◽  
Comparative Approach ◽  
Special Issue ◽  
Reproductive Politics ◽  
The Rule Of Law ◽  
Medical News ◽  
National Boundaries ◽  
Flow Of Information

This special issue adopts a comparative approach to the politics of reproduction in twentieth-century France and Britain. The articles investigate the flow of information, practices and tools across national boundaries and between groups of experts, activists and laypeople. Empirically grounded in medical, news media and feminist sources, as well as ethnographic fieldwork, they reveal the practical similarities that existed between countries with officially different political regimes as well as local differences within the two countries. Taken as a whole, the special issue shows that the border between France and Britain was more porous than is typically apparent from nationally-focused studies: ideas, people and devices travelled in both directions; communication strategies were always able to evade the rule of law; contraceptive practices were surprisingly similar in both countries; and religion loomed large in debates on both sides of the channel.

The Council of Europe: 50 years of European cooperation

1999 ◽  
Vol 7 (4) ◽  
pp. 497-505
Author(s):  
Daniel Tarschys
Keyword(s):  
Cold War ◽  
Rule Of Law ◽  
European Identity ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
European Cooperation ◽  
Post War ◽  
The Individual ◽  
The Cold War ◽  
Fundamental Values

The post-war European credo – never again a Europe given over to totalitarian terror and war, but a Europe of peace and freedom – led to the creation in May 1949 of the Council of Europe with the clear political and ideological alignment to build a Europe of common values (democracy, human rights and the Rule of Law), to which the practice of market economy was added. The promotion of those fundamental values constituted the Council's specific mandate and raison d'être together with ever-increasing cooperation patterns. After the end of the Cold War, the organization became the pre-eminent European political institution welcoming, on an equal footing and in permanent structures, the democracies of Europe freed from communist oppression. The Kosovo conflict calls for a hardening of the European resolve to base its future on the defence of human dignity, respect for the individual, the Rule of Law and pluralist democracy, indispensable in fostering a common European identity. Setting-up of regional and European cooperation and integration structures has been an important step forward, but must be complemented by the conviction and determination to forge a common European destiny.

scholarly journals Safeguarding the Rule of Law within the EU: Lessons from the Polish Experience

European View ◽  
2017 ◽  
Vol 16 (2) ◽  
pp. 281-291 ◽  
Author(s):  
Konrad Niklewicz
Keyword(s):  
Rule Of Law ◽  
Real Life ◽  
Protective Mechanisms ◽  
Current Form ◽  
The Rule Of Law ◽  
Polish Experience ◽  
Law And Justice ◽  
Polish Government ◽  
First Time ◽  
Fundamental Values

The rule-of-law procedure against Poland, opened in January 2016, has painfully tested the safeguards supposed to protect the EU's fundamental values. It is now obvious that the protective mechanisms need to be strengthened. For in their current form, tested in real life for the first time, they have not dissuaded the present Polish government, led by the nationalist Law and Justice party (Prawo i Sprawiedliwość, PiS), from seriously and continuously breaching the rules. All interested EU parties—that is, willing member states and institutions—should acknowledge this and start preparing modifications both to Article 7 of the Treaty on European Union, which includes a sanction mechanism, and to the European Commission's Rule of Law Framework, so that the EU's internal defences are strengthened for future needs.

Algorithms and the Rule of Law

2017 ◽  
Vol 17 (3) ◽  
pp. 170-172 ◽  
Author(s):  
Rónán Kennedy
Keyword(s):  
Rule Of Law ◽  
Short Article ◽  
The Rule Of Law ◽  
Fundamental Values

AbstractIn this short article Rónán Kennedy explores fundamental issues surrounding the use of algorithms in the context of the rule of law in our society. He states, ‘The issues that are buried in these systems should be a matter of serious concern for law and lawyers as we try to protect fundamental values in the 21st century, and we try to properly represent our clients’ interests against systems errors that we cannot easily identify’.*

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