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Constitutional Traditions and Constitutional Transitions

Edited by: Martin Belov, Monika Florczak-WÄ…tor

ISBN13: 9781035345403
To be Published: December 2024
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £110.00



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-Wątor, 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.

Subjects:
Constitutional and Administrative Law, Comparative Law
Contents:
Introduction 1
Martin Belov and Monika Florczak-Wątor

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 the constitutional justice in constitutional transition in the Baltic region 111
Anita Rodiņa and Kristiāna Pētersone
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 Europeanconstitutional traditions in the mosaic of the European
constitutional heritage 161
Monika Florczak-Wątor
8. Reference to common constitutional traditions or national law in the practice of General Court of European Union 184
Krystyna Kowalik-Bańczyk
9. The role of constitutional traditions of the member states in shaping a common system of liability for breaches of EU law 206
Monika Kawczyńska
10. Constitutional traditions and the fundamental rights protection in the EU: coupling the common effort and
European values regards solidarity and social rights 235
Lucia Mokrá