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Memory Laws in Poland and Hungary Report by the research consortium ‘The Challenges of Populist Memory Politics and Militant Memory Laws (MEMOCRACY)’

Author : Aleksandra Gliszczyńska-Grabias
Publisher : Instytut Nauk Prawnych PAN
Page : 76 pages
File Size : 14,79 MB
Release : 2023-12-31
Category : Law
ISBN : 8366300765

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This Report consists of two main parts devoted to Poland’s and Hungary’s remembering of and dealing with the past, including with the use of memory laws and other deployments of legal and extra-legal means in historical policy, including soft law. It also discusses relevant domestic courts’ jurisprudence. The report situates these practices against European human rights law standards, inferred from the ECtHR case law. The aim of this exercise is capturing the dynamics of the Polish and Hungarian state’s relationship to the past after 1989 in a concise form and examine the current legal framework. The Polish and Hungarian sections are structured around common themes. In what follows, we shall discuss mnemonic constitutionalism, the institutionalisation of mnemonic governance, memorialisation of the Second World War and the Holocaust, reckoning with communism, education, and memory. The report includes discussions of political, social, and cultural factors that contextualise the legal framework. The final part concludes with broader reflections on the state of Polish and Hungarian memocracies, understood as constitutional and political regimes based on references to the past and a specific form of governance of historical memory. The report is supplemented by Conclusions and Recommendations addressed to a wide range of players and participants of public deliberations over history and the past, including lawmakers on domestic and European level, academia, and the civil society.

Constitutionalism Under Stress

Author : Uladzislau Belavusau
Publisher : Oxford University Press, USA
Page : 385 pages
File Size : 41,5 MB
Release : 2020
Category : Law
ISBN : 0198864736

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This volume brings together leading scholars of comparative constitutional law to reflect on current challenges to liberal constitutionalism and democratic governance, as inspired by the work of Professor Wojciech Sadurski.

Rule of Law, Common Values, and Illiberal Constitutionalism

Author : Tímea Drinóczi
Publisher : Routledge
Page : 166 pages
File Size : 12,53 MB
Release : 2020-09-08
Category : Law
ISBN : 1000172430

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This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.

Freedom in the World 2018

Author : Freedom House
Publisher : Rowman & Littlefield
Page : 1040 pages
File Size : 40,10 MB
Release : 2019-01-31
Category : Political Science
ISBN : 1538112035

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Freedom in the World is the standard-setting comparative assessment of global political rights and civil liberties. The methodology of this survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories.

Law and Memory

Author : Uladzislau Belavusau
Publisher : Cambridge University Press
Page : 461 pages
File Size : 42,13 MB
Release : 2017-10-19
Category : History
ISBN : 110718875X

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The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.

The Cambridge Companion to Hugo Grotius

Author : Randall Lesaffer
Publisher : Cambridge University Press
Page : 640 pages
File Size : 32,87 MB
Release : 2021-08-31
Category : Law
ISBN : 9781316648315

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The Cambridge Companion to Grotius offers a comprehensive overview of Hugo Grotius (1583-1645) for students, teachers, and general readers, while its chapters also draw upon and contribute to recent specialised discussions of Grotius' oeuvre and its later reception. Contributors to this volume cover the width and breadth of Grotius' work and thought, ranging from his literary work, including his historical, theological and political writing, to his seminal legal interventions. While giving these various fields a separate treatment, the book also delves into the underlying conceptions and outlooks that formed Grotius' intellectual map of the world as he understood it, and as he wanted it to become, giving a new political and religious context to his forays into international and domestic law.

Identity

Author : Francis Fukuyama
Publisher : Farrar, Straus and Giroux
Page : 203 pages
File Size : 29,99 MB
Release : 2018-09-11
Category : Political Science
ISBN : 0374717486

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The New York Times bestselling author of The Origins of Political Order offers a provocative examination of modern identity politics: its origins, its effects, and what it means for domestic and international affairs of state In 2014, Francis Fukuyama wrote that American institutions were in decay, as the state was progressively captured by powerful interest groups. Two years later, his predictions were borne out by the rise to power of a series of political outsiders whose economic nationalism and authoritarian tendencies threatened to destabilize the entire international order. These populist nationalists seek direct charismatic connection to “the people,” who are usually defined in narrow identity terms that offer an irresistible call to an in-group and exclude large parts of the population as a whole. Demand for recognition of one’s identity is a master concept that unifies much of what is going on in world politics today. The universal recognition on which liberal democracy is based has been increasingly challenged by narrower forms of recognition based on nation, religion, sect, race, ethnicity, or gender, which have resulted in anti-immigrant populism, the upsurge of politicized Islam, the fractious “identity liberalism” of college campuses, and the emergence of white nationalism. Populist nationalism, said to be rooted in economic motivation, actually springs from the demand for recognition and therefore cannot simply be satisfied by economic means. The demand for identity cannot be transcended; we must begin to shape identity in a way that supports rather than undermines democracy. Identity is an urgent and necessary book—a sharp warning that unless we forge a universal understanding of human dignity, we will doom ourselves to continuing conflict.

Twenty-First Century Populism

Author : D. Albertazzi
Publisher : Springer
Page : 260 pages
File Size : 18,17 MB
Release : 2007-12-14
Category : Political Science
ISBN : 0230592104

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Twenty-First Century Populism analyses the phenomenon of sustained populist growth in Western Europe by looking at the conditions facilitating populism in specific national contexts and then examining populist fortunes in those countries. The chapters are written by country experts and political scientists from across the continent.

Freedom in the World 2012

Author : Freedom House
Publisher : Rowman & Littlefield Publishers
Page : 0 pages
File Size : 19,42 MB
Release : 2012
Category : Civil rights
ISBN : 9781442217942

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A survey of the state of human freedom around the world investigates such crucial indicators as the status of civil and political liberties and provides individual country reports.

Freedom in the World 2008

Author : Freedom House (U.S.)
Publisher : Rowman & Littlefield
Page : 907 pages
File Size : 37,80 MB
Release : 2008
Category : Political Science
ISBN : 0742563065

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A survey of the state of human freedom around the world investigates such crucial indicators as the status of civil and political liberties and provides individual country reports.