1st Edition
Constitutionalization of Politics in Comparative Perspective
Scholars from political science and law examine the latest research on the constitutionalization of politics in comparative perspective.
The scope includes both inter-country and intra- country perspectives, institutional and systemic analyses, common and civil law systems, focusing on historical and contemporary case studies. There are chapters limited to a concrete legal and political system, analyzing the tools and processes guarding constitutionalization of politics in such countries as the United States, Germany, France, Italy, Poland, Finland, and Bulgaria, as well as studies offering comparative analysis of various institutions representing different countries and different legal and political systems. Taken together, this book uncovers a wide variety of legal and political cultures, systems of governments, and forms of territorial organization. Once uncovered, this approach makes it easier to determine repetitive patterns which may be observed in constitutional review and constitutional interpretation, or significant differences occurring in the models of constitutionalization of politics around the world.
Constitutionalization of Politics in Comparative Perspective tackles important debates among academics interested in the theoretical and practical aspects of constitutions and constitutionalism and will appeal to social scientists, including sociologists, philosophers, security studies and international relations experts, but also cultural studies scholars.
Introduction Part 1. Basic Framework 1. Constitutionalization of Politics in the Context of Checks and Balances System 2. Constitutional Veto Players: A Theoretical Model Part 2. Theoretical Underpinnings 3. Constitutional Faith and Text Influence: Regulative Idea, Coping Strategy, or Reinforcement of Tensions in U.S. Federal Democracy 4. Constitutional Change as Constituent Process: A Transnational Opportunity 5. Rule of Law in the Liberal Tradition as Political Theology Part 3. Institutions and Processes in Comparative Perspective 6. Examining the Rise of Outside Actor Participation in Constitutional Court Decision Making 7. U.S. Presidents as Active Constitutional Interpreters 8. Layered Legitimacy: A Systematic Expansion of Unilateral War Powers 9. Constitutional Dynamics of U.S. Congress’ Investigative Powers 10. The Influence of Politics on Constitutional Interpretations – the Finnish ex ante Constitutional Review as an Example Part 4. National Case Studies 11. Climate Change Policy from the Perspective of Constitutionalization of Politics: the Context of the Fifth French Republic 12. Overconstitutionalized Policies and Democratic Procedures in Flux: The Case of Bulgaria 13. The Constitutionalization of Political Debates in Italy in the Years of the Second and Third Republic 14. (Not)Governing with judges: Legal Elites and Public Policy during Post-Communist Transformation in Poland 15. Independent State Legislature Theory: Examining the Influence of the Supreme Court of the United States on State Autonomy and Electoral Processes
Biography
Paweł Laidler is Professor of Political Science and American studies expert at the Institute of American Studies and Polish Diaspora. His research interests include American legal and political system, U.S. campaign finance system, elections, clash of law and politics, government transparency and accountability.
Łukasz Jakubiak is a political scientist and legal scholar, Associate Professor of Political Science at the Institute of Political Science and International Relations, Jagiellonian University in Krakow, Poland. His research interests include political and constitutional system of the Fifth Republic of France, constitutional history of France, political institutions and party systems in former French colonies in Africa, systems of government in a comparative perspective, states of emergency as a reaction to imminent threats to public security, referendums and other forms of direct democracy, constitutionalisation of politics.
Jacek Sokołowski is an assistant professor at the Institute of Political Sciences and International Relations of the Faculty of International and Political Studies, Jagiellonian University, and litigation barrister with particular focus on private and family law in the same town. His major area of academic studies comprises social and political aspects of law-making and the judiciary application of law.
Dariusz Stolicki is an assistant professor at the Institute of Political Science and International Relations of the Jagiellonian University in Krakow and Director of the Jagiellonian Center for Quantitative Political Science. His research interests focus around applications of methods from mathematical sciences (pure mathematics, game theory, statistics, computer science, machine learning, operations research) in political science, in particular in electoral studies, social choice, legislative studies, and constitutional research. He has also done research in applied mathematics, probability theory, and American constitutional law.
