The Constitution of Freedom: An Introduction to Legal Constitutionalism

Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.

Sajó, András

Uitz, Renáta

Legal Theory & Systems

Oxford University Press

Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

The Oxford Handbook of Comparative Constitutional Law (Oxford Handbooks)

Rosenfeld, Michel

The Constitution was written to shape human behavior and affairs, and it does so by appealing to people’s hearts, not only their minds. An interdisciplinary analysis sheds new light on the emotions that underlie constitutional law, with many cogent examples.

Constitutional Sentiments

Constitutional Law

Yale University Press

This law school casebook examines how the vast increase in international movements of people, capital, goods, ideas and information affect politics in and beyond nation-states, the rule of law and separation of powers, and fundamental rights. It contains case excerpts from at least 40 countries in all continents, examining the assumptions, choices and trade-offs, strategies and effects of decisions from constitutional courts and human rights tribunals in different legal systems and political contexts. It discusses different theories of constitutionalism and how constitutional democracies address similar issues, in different institutional settings. The second edition newly covers the controversy concerning citations to foreign authorities in U.S. Supreme Court decisions, as well as cases arising out of the "war on terrorism," including torture. In particular, there is new material on dignity, gay marriage, data protection, pornography, religious diversity, and developments in social welfare.

Comparative Constitutionalism: Cases and Materials (American Casebook Series)

Dorsen, Norman

Baer, Susanne

West Academic Publishing

This law school casebook examines how the vast increase in international movements of people, capital, goods, ideas and information affect commercial relationships and the development of human rights. It contains examples from countries in all continents, examining the assumptions, choices, trade-offs and values that have formed the foundations of individual legal systems. Examples also illustrate how other constitutional democracies address similar problems, and illuminate different theories of constitutionalism as they have evolved in many types of legal systems. The work also seeks to help students comprehend the nature and problems of regional and international institutions and adjudicatory bodies.

Dorsen, Rosenfeld, Sajo and Baer's Comparative Constitutionalism: Cases and Materials (American Casebook Series)

This comparative constitutional law casebook offers a comprehensive and paradigmatic approach to the subject: it examines how the vast increase in international movements of people, capital, goods, ideas, and information affect politics in and beyond nation-states and how this influx affects the rule of law, separation of powers, and fundamental rights. Indeed, this casebook stands apart as it represents an international collaboration of legal scholars and allows for diversity of perspectives. Utilizing case excerpts from at least 40 countries across every continent, students will examine the assumptions, choices and trade-offs, strategies, and effects from decisions by constitutional courts and human rights tribunals throughout various legal systems and political contexts. Moreover, this book examines the different theories of constitutionalism and analyzes how constitutional democracies address similar issues in different institutional settings. This third edition includes new material that speaks to current issues of pressing importance: citizenship, transnational constitutionalism, authoritarian and illiberal constitutions, collective rights and minorities, Internet censorship, religion in the public space, mass surveillance, and targeted killings. Both teachers and students will appreciate the complete coverage of complex topics within a manageable size and format.

Mancini, Susanna

Product Description There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas. Review 'András Sajó is one of Europe’s great defenders of human rights and democracy and one of its finest constitutional scholars. This book is an unparalleled anatomy of illiberal democracy, and its message is vitally important: all democracies, including ones that think they are immune, remain vulnerable to the corruption, institutional capture and authoritarian temptations of the illiberal form. An essential book for 2022.' Michael Ignatieff, Rector Emeritus Central European University Book Description Illiberal democracies are not quasi-authoritarian but plebiscitarian regimes. By cheating on constitutionalism, they expose the authoritarian vulnerabilities of overconfident democracies. About the Author András Sajó is a University Professor at Central European University and a Former Vice-President-Judge at the European Court of Human Rights. He holds an Honorary Doctorate from the European University Institute and Visiting Professorships at Cardozo Law School, University of Chicago Law School, NYU Law School and Harvard Law School. His recent publications include Constitutional Sentiments (2011) and, with R. Uitz, The Constitution of Freedom (2017).

Ruling by Cheating: Governance in Illiberal Democracy (Cambridge Studies in Constitutional Law)

Cambridge University Press

There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas.

Ruling by Cheating (Cambridge Studies in Constitutional Law)

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Books by Sajó, András

See the best price to sell, buy, or rent books by Sajó, András. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

The Constitution of Freedom: An Introduction to Legal Constitutionalism

The Constitution of Freedom: An Introduction to Legal Constitutionalism

The Oxford Handbook of Comparative Constitutional Law (Oxford Handbooks)

The Oxford Handbook of Comparative Constitutional Law (Oxford Handbooks)

Constitutional Sentiments

Comparative Constitutionalism: Cases and Materials (American Casebook Series)

Dorsen, Rosenfeld, Sajo and Baer's Comparative Constitutionalism: Cases and Materials (American Casebook Series)

Comparative Constitutionalism: Cases and Materials (American Casebook Series)

Ruling by Cheating: Governance in Illiberal Democracy (Cambridge Studies in Constitutional Law)

Ruling by Cheating (Cambridge Studies in Constitutional Law)