Rule of Law in Crisis

Constitutionalism in a State of Flux

Martin Belov

• Publisher: Routledge
• Year: 2022
• Print ISBN: 9781032393858
• eBook ISBN: 9781000830385
• Edition: 1
• Topic: Law
• Subtopic: Comparative Law
• Index: Law

This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, memory politics and identity politics. It critically assesses the responses given by the EU and its member states to the current crisis. The work also provides an analysis of the most important challenges to rule of law stemming from the performance of constitutional courts, including the risks of judicial activism, politicization of the courts and judicialization of politics. The book will be an invaluable resource for researchers, academics and policy-makers working in the areas of Constitutional Law and Political Science.

Table of contents

• Cover
• Half Title
• Series Page
• Title Page
• Copyright Page
• Dedication Page
• Table of Contents
• List of contributors
• Introduction
• Part I Rule of Law, Emergency Constitutionalism and Constitutional Polycrisis
• Part II Rule of Law as Dynamic Concept Dependent on Constitutional Imaginaries, Memory Politics and Identity Politics
• Part III EU Perspectives on the Rule of Law Crisis
• Part IV Constitutional Courts and Constitutional Review: Safeguards or Challenge for Rule of Law?
• Conclusion
• Index