If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond.
To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this resp
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.
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.
The Excerpta project instigated by the Byzantine emperor Constantine VII turned the enormously rich experience offered by Greek historiography into a body of excerpts distributed across fifty-three distinct thematic collections. In this, the first sustained analysis, András Németh moves from viewing the Excerpta only as a collection of textual fragments to focusing on its dependence from and impact on the surrounding Byzantine culture in the tenth century. He introduces the concept of appropriation and also uses it to study some other key texts created under the Excerpta's influence (De thematibus, De administrando imperio and De ceremoniis). Unlike world chronicles, the Excerpta ignored the chronological dimension of history and fostered the biographical turn in Byzantine historiography. By exploring theoretical questions such as classification and retrieval of historical information and the relationship between knowledge and political power, this book provides powerful new ways for
If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond.
The question of what types of data and evidence can be used is one of the most important topics in linguistics. This book is the first to comprehensively present the methodological problems associated with linguistic data and evidence. Its originality is twofold. First, the authors' approach accounts for a series of unexplained characteristics of linguistic theorising: the uncertainty and diversity of data, the role of evidence in the evaluation of hypotheses, and the problem solving strategies, as well as the emergence and resolution of inconsistencies. Second, the findings are obtained by the application of a new model of plausible argumentation which is also of relevance from a general argumentation theoretical point of view. All concepts and theses are systematically introduced and illustrated by a number of examples from different linguistic theories, and a detailed case-study section shows how the proposed model can be applied to specific linguistic problems.
The question of what types of data and evidence can be used is one of the most important topics in linguistics. This book is the first to comprehensively present the methodological problems associated with linguistic data and evidence. Its originality is twofold. First, the authors' approach accounts for a series of unexplained characteristics of linguistic theorising: the uncertainty and diversity of data, the role of evidence in the evaluation of hypotheses, and the problem solving strategies, as well as the emergence and resolution of inconsistencies. Second, the findings are obtained by the application of a new model of plausible argumentation which is also of relevance from a general argumentation theoretical point of view. All concepts and theses are systematically introduced and illustrated by a number of examples from different linguistic theories, and a detailed case-study section shows how the proposed model can be applied to specific linguistic problems.
The Excerpta project instigated by the Byzantine emperor Constantine VII turned the enormously rich experience offered by Greek historiography into a body of excerpts distributed across fifty-three distinct thematic collections. In this, the first sustained analysis, András Németh moves from viewing the Excerpta only as a collection of textual fragments to focusing on its dependence from and impact on the surrounding Byzantine culture in the tenth century. He introduces the concept of appropriation and also uses it to study some other key texts created under the Excerpta's influence (De thematibus, De administrando imperio and De ceremoniis). Unlike world chronicles, the Excerpta ignored the chronological dimension of history and fostered the biographical turn in Byzantine historiography. By exploring theoretical questions such as classification and retrieval of historical information and the relationship between knowledge and political power, this book provides powerful new ways for
The transition from communist dictatorship to multi-party democracy has proved a long and painful process for the countries of Eastern Europe, and has met with varying degrees of success. In Hungary,
Financial Times' best business books of the year, 2018 'Endlessly fascinating, brimming with insight, and more fun than a book about failure has any right to be.' - Charles Duhigg, author of The Power
