Constitutionalism under Stress

Essays in Honour of Wojciech Sadurski

Edited by Uladzislau Belavusau and Aleksandra Gliszczyńska-Grabias

Brings together leading scholars in the field of constitutional theory, investigating the crucial dilemmas in dealing with the current decline of liberal democracies and populist challenges to the rule of law throughout Europe
A timely and effective reference tool on matters of constitutional capture and liberal democracy

Constitutionalism under Stress

Essays in Honour of Wojciech Sadurski

Edited by Uladzislau Belavusau and Aleksandra Gliszczyńska-Grabias

Description

Constitutionalism under Stress reflects on comparative constitutionalism in Central and Eastern Europe through the work of eminent constitutional scholar Wojciech Sadurski. The book examines the current decline of liberal democracies and populist challenges to the rule of law in the region - events that Sadurski predicted early on in his writings about Jörg Haider affair in Austria and the introduction of Article 7 TEU by the Amsterdam Treaty.

Sadurski's work has chronicled the transition from concern for the most basic of human rights under authoritarian rule to the challenges of democratic governance. The compelling rights discourse of an earlier period gave way to claims of abuse of majoritarian prerogatives as the hopes of liberal democracy encountered the power of illiberalism. The theoretical responses offered for the preservation of liberal democracy, in light of the current turbulence regarding the rule of law in the region, produces a far reaching and effective reference tool on matters of constitutional capture and illiberal democracy.

Constitutionalism under Stress

Essays in Honour of Wojciech Sadurski

Edited by Uladzislau Belavusau and Aleksandra Gliszczyńska-Grabias

Introduction: Academic Legacy of Wojciech Sadurski, Rule of Law, and Mnemonic Constitutionalism in Central and Eastern Europe, Uladzislau Belavusau and Aleksandra Gliszczyńska-Grabias
Part One: Populism and Democratic Decline in Central and Eastern Europe
1:The Rise of Nationalist Populism and the Crisis of Liberal Democracy in Central Europe, Bojan Bugarič
2:Constitutional Breakdown, Backsliding, or New Post-Conventional Constitutionalism?, Adam Czarnota
3:Democratic Erosion Without Prerequisites? Poland and the Two Liberalisms, Tom Ginsburg
4:The Alternatives to a Bite or a Bark: After Launching Article 7 TEU Against the Hungarian Government, Gábor Halmai
5:Polish Lessons: Backsliding, Sabotage, and the Rule of Law, Martin Krygier
6:The Rule of Law Paradox in the 2016 Constitutional Amendments in Albania, Darinka Piqani
7:Constitutional Security in a State of Emergency, Mirosław Wyrzykowski
Part Two: The EU Role vis-à-vis Rule of Law
8:Reinvigorating Democracy in the European Union: Lessons from Ireland's Citizens Assembly?, Gráinne de Búrca
9:On Barks, Bites, and Promises, Dimitry Kochenov
10:Article 7 TEU: From 'Nuclear Option' to 'Sisyphean Procedure'?, Laurent Pech
11:A Social Theory of Constitutional Imaginaries: Beyond the Unity of topos-ethnos-nomos and its European Context, Jiří Pribáň
12:Two Charters and a Pillar: The Slow Constitutionalization of Social Rights in European Law, Bruno de Witte
Part Three: Liberal Constitutionalism and Militant Democracy: Constitutional Review and Public Reason
13:Breaking Down the Meaning of Constitutional Breakdown, Tom Gerald Daly
14:An Enlightened Man, Samuel Issacharoff
15:On Legalism, Illiberal Takeover and the Immune System of Constitutional Democracy, Armen Mazmanyan
16:Diffuse Constitutionality Review in Germany, Mathias Möschel
17:The Problem of Peer Review in Militant Democracy, Jan Werner Mueller
18:Extracting Voters From the Nation: Regime-Building in 19th Century Hungary and England through Electoral Legislation, András Sajó
19:Public Reason and Illiberal Democracy, Anna Śledzińska-Simon
20:Liberal Nationalism's Precarious Prospects, Neil Walker
Epilogue: Not that which goeth into the mouth defileth a man; but what cometh out of the mouth, this defileth a man (Mat. 15:11): So Why do The Jews Observe Kosher?, J. H. H. Weiler

Constitutionalism under Stress

Essays in Honour of Wojciech Sadurski

Edited by Uladzislau Belavusau and Aleksandra Gliszczyńska-Grabias

Author Information

Edited by Uladzislau Belavusau, Senior Researcher, T.M.C. Asser Institute - University of Amsterdam, and Aleksandra Gliszczyńska-Grabias, Assistant Professor, Institute of Law Studies of the Polish Academy of Sciences

Dr. Uladzislau Belavusau is Senior Researcher in European Law at the T.M.C. Asser Institute, University of Amsterdam (the Netherlands). Previously he was Assistant Professor of EU law and human rights at the Vrije Universiteit Amsterdam. He is the Principal Investigator for the Netherlands in the EU-sponsored MELA (Memory Laws in European and Comparative Perspectives) research consortium, author of Freedom of Speech: Importing European and US Constitutional Models in Transitional Democracies (Routledge 2013), as well as co-editor of Law and Memory: Towards Legal Governance of History (Cambridge University Press 2017) and EU Anti-Discrimination Law Beyond Gender (Hart 2018).

Dr. Aleksandra Gliszczyńska-Grabias is Assistant Professor at the Institute of Law Studies of the Polish Academy of Sciences. Her policy and legal expertise include the fields of anti-discrimination law, constitutional law, freedom of speech and memory laws. Since September 2016, she has been a Principal Investigator for Poland in the MELA (Memory Laws in European and Comparative Perspectives), EU-sponsored research consortium. In 2015 she became an expert of the Council of Europe in Help in the 28 Project and also joined the Academic Advisory Board of the Community of Democracies. Since January 2018 she has acted as a member of Advisory Board of the International Association of Jewish Lawyers and Jurists.

Contributors:

Bojan Bugarič
Gráinne de Búrca
Adam Czarnota
Tom Gerald Daly
Tom Ginsburg
Gábor Halmai
Samuel Issacharoff
Dimitry Kochenov
Martin Krygier
Armen Mazmanyan
Mathias Möschel
Jan Werner Mueller
Laurent Pech
Darinka Piqani
Jiří Přibáň L Anna Śledzińska-Simon
Neil Walker
Bruno de Witte
Mirosław Wyrzykowski
András Sajó
Joseph Weiler
Rosalind Dixon

Constitutionalism under Stress

Essays in Honour of Wojciech Sadurski

Edited by Uladzislau Belavusau and Aleksandra Gliszczyńska-Grabias

Reviews and Awards

"Wojciech Sadurski is like Czesław Miłosz for a whole generation of young and aspiring constitutional and human rights scholars. Looking at Poland from some distance, he shares his philosophical, provocative, intriguing, and passionate thoughts and comments. In this remarkable, in-depth collection, Sadurski's scholarship and engagement in public matters are proven to be the true expression of patriotism and devotion to constitutional and liberal democracy. He is, for sure, changing the course of the 'avalanche'." - Adam Bodnar, Polish Ombudsman

"Wojciech Sadurski is a commanding figure in constitutional law and theory; his learned work has illuminated rights, judicial review, and how democratic constitutionalism decays. His volumewith essays on populism and democratic decline; the EU, rights protection, and the rule of law; and militant democracy and constitutional reviewis a worthy tribute to Wojciech, the person and the scholar." - Vicki C. Jackson, Thurgood Marshall Professor of Constitutional Law, Harvard Law School

"Wojciech Sadurski is a contemporary giant of liberal political and legal thought. His work is ever more relevant and necessary during these times of growing darkness and oppression." - Robert C. Post, Sterling Professor of Law, Yale Law School

"For several decades Wojciech Sadurski has traced the growth of democracy in Eastern and Central Europe and its decline with a determined commitment to liberalism and the rule of law. These essays explore the major themes of his workpopulism, democratic decline, rule of law, constitutional review, militant democracy, supranational constitutionalism, and public reason. The essays are a rich testament to the lasting legacy of this extraordinary and courageous scholar and public intellectual." - Adrienne Stone, Redmond Barry Distinguished Professor, Melbourne Law School