-PDF Download- Law And Illiberalism EBOOK

Law and Illiberalism

Author: Austin Sarat

Publisher: Amherst Law, Jurisprudence

Published: 2022-08-26

Total Pages: 168

ISBN-13: 9781625346704

Does the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism--namely the rights of all individuals and constraints on state power--still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump's administration, Viktor Orban's Hungary, Recep Erdogan's Turkey, and Jair Bolsanoro's Brazil. In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of "free speech"; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection. In addition to the editors, contributors include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee McIntyre, and Nancy Rosenblum.

The Rise of Illiberalism

Author: Thomas J. Main

Publisher: Brookings Institution Press

Published: 2022-01-04

Total Pages: 353

ISBN-13: 0815738501

DOWNLOAD EBOOK →

" How a more positive form of identity politics can restore public trust in government Illiberalism, Thomas Main writes, is the basic repudiation of liberal democracy, the very foundation on which the United States rests. It says no to electoral democracy, human rights, the rule of law, toleration. It is a political ideology that finds expression in such older right-wing extremist groups as the Ku Klux Klan and white supremacists and more recently among the Alt-Right and the Dark Enlightenment. There are also left-of-center illiberal movements, including various forms of communism, anarchism, and some antifascist movements. The Rise of Illiberalism explores the philosophical underpinnings of this toxic political ideology and documents how it has infiltrated the mainstream of political discourse in the United States. By the early twenty-first century, Main writes, liberal democracy’s failure to deal adequately with social problems created a space illiberal movements could exploit to promote their particular brands of identity politics as an alternative. A critical need thus is for what the author calls “positive identity politics,” or a widely shared sense of community that gives a feeling of equal importance to all sectors of society. Achieving this goal will, however, be an enormous challenge. In seeking actionable remedies for the broken political system of the United States, this book makes a major scholarly contribution to current debates about the future of liberal democracy. "

Routledge Handbook of Illiberalism

Author: András Sajó

Publisher: Routledge

Published: 2021-11-30

Total Pages: 1024

ISBN-13: 1000479455

DOWNLOAD EBOOK →

The Routledge Handbook of IIliberalism is the first authoritative reference work dedicated to illiberalism as a complex social, political, cultural, legal, and mental phenomenon. Although illiberalism is most often discussed in political and constitutional terms, its study cannot be limited to such narrow frames. This Handbook comprises sixty individual chapters authored by an internationally recognized group of experts who present perspectives and viewpoints from a wide range of academic disciplines. Chapters are devoted to different facets of illiberalism, including the history of the idea and its competitors, its implications for the economy, society, government and the international order, and its contemporary iterations in representative countries and regions. The Routledge Handbook of IIliberalism will form an important component of any library's holding; it will be of benefit as an academic reference, as well as being an indispensable resource for practitioners, among them journalists, policy makers and analysts, who wish to gain an informed understanding of this complex phenomenon.

Ruling by Cheating

Author: András Sajó

Publisher: Cambridge University Press

Published: 2021-08-12

Total Pages: 630

ISBN-13: 1108956319

DOWNLOAD EBOOK →

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.

Law and Illiberalism

Author: Austin Sarat

Publisher:

Published: 2022

Total Pages:

ISBN-13: 9781613769485

DOWNLOAD EBOOK →

"Does the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism-namely the rights of all individuals and constraints on state power-still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump's administration, Viktor Orban's Hungary, Recep Erdogan's Turkey, and Jair Bolsanoro's Brazil. In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of "free speech"; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection. In addition to the editors, contributors include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee McIntyre, and Nancy Rosenblum"--

Democratic Decline in Hungary

Author: András L. Pap

Publisher: Routledge

Published: 2017-08-03

Total Pages: 176

ISBN-13: 1351684671

DOWNLOAD EBOOK →

This book shows the rise and morphology of a self-identified `illiberal democracy’, the first 21st century illiberal political regime arising in the European Union. Since 2010, Viktor Orbán’s governments in Hungary have convincingly offered an anti-modernist and anti-cosmopolitan/anti-European Unionist rhetoric, discourse and constitutional identity to challenge neo-liberal democracy. The Hungarian case provides unique observation points for students of transitology, especially those who are interested in states which are to abandon pathways of liberal democracy. The author demonstrates how illiberalism is present both in `how’ and `what’ is being done: the style, format and procedure of legislation; as well as the substance: the dismantling of institutional rule of law guarantees and the weakening of checks and balances. The book also discusses the ideological commitments and constitutionally framed and cemented value preferences, and a reconstituted and re-conceptualized relationship between the state and its citizens, which is not evidently supported by Hungarians’ value system and life-style choices.

Illiberal Constitutionalism in Poland and Hungary

Author: Tímea Drinóczi

Publisher: Routledge

Published: 2021-09-15

Total Pages: 170

ISBN-13: 1000428761

DOWNLOAD EBOOK →

This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population. The work consists of seven Parts. Part I outlines the volume’s ambitions and provides an introduction. Part II discusses the theoretical framework and clarifies the terminology adopted in the book. Part III provides an in-depth insight into the constitutional identity of Poles and Hungarians and argues that an unbalanced constitutional identity has been moulded throughout Polish and Hungarian history in which emotional traits of collective victimhood and collective narcissism, and a longing for a charismatic leader have been evident. Part IV focuses on the emergence of illiberal constitutionalism, and, based on both quantitative and qualitative analyses, argues that illiberal constitutionalism is neither modern authoritarianism nor authoritarian constitutionalism. This Part contextualizes the issue by putting the deterioration of the Rule of Law into a European perspective. Part V explores the legal nature of illiberal legality when it is at odds and in compliance with the European Rule of Law, illiberal democracy, focusing on electoral democracy and legislative processes, and illiberalization of human rights. Part VI investigates whether there is a clear pattern in the methods of remodeling, or distancing from constitutional democracy, how it started, consolidated, and how its results are maintained. The final Part presents the author’s conclusions and looks to the future. The book will be an invaluable resource for scholars, academics and policy-makers interested in Constitutional Law and Politics.

Authoritarian Rule of Law

Author: Jothie Rajah

Publisher: Cambridge University Press

Published: 2012-04-16

Total Pages: 367

ISBN-13: 1107012414

DOWNLOAD EBOOK →

Through a focus on Singapore, this book presents an analysis of authoritarian legalism, showing how prosperity, public discourse, and a rigorous observance of legal procedure enable a reconfigured rule of law - liberal form but illiberal content. It shows how institutions and process become tools to constrain dissenting citizens while protecting those in political power.

The Emergence of Illiberalism

Author: Boris Vormann

Publisher: Routledge

Published: 2020-07-26

Total Pages: 271

ISBN-13: 100007918X

DOWNLOAD EBOOK →

As illiberal and authoritarian trends are on the rise—both in fragile and seemingly robust democracies—there is growing concern about the longevity of liberalism and democracy. The purpose of this volume is to draw on the analytical resources of various disciplines and public policy approaches to reflect on the current standing of liberal democracy. Leading social scientists from different disciplinary backgrounds aim to examine the ideological and structural roots of the current crisis of liberal democracies, in the West and beyond, conceptually and empirically. The volume is divided into two main parts: Part I explores tensions between liberalism and democracy in a longer-term, historical perspective to explain immanent vulnerabilities of liberal democracy. Authors examine the conceptual foundations of Western liberal democracy that have shaped its standing in the contemporary world. What lies at the core of illiberal tendencies? Part II explores case studies from the North Atlantic, Eastern Europe, Turkey, India, Japan, and Brazil, raising questions whether democratic crises, manifested in the rise of populist movements in and beyond the Western context, differ in kind or only in degree. How can we explain the current popular appeal of authoritarian governments and illiberal ideas? The Emergence of Illiberalism will be of great interest to teachers and students of politics, sociology, political theory and comparative government.

Political Illiberalism

Author: Peter L. P. Simpson

Publisher: Transaction Publishers

Published: 2015-04-08

Total Pages: 211

ISBN-13: 141285556X

DOWNLOAD EBOOK →

This book deconstructs the story of liberalism that John Rawls, author of Political Liberalism, and many others have put forward. Peter L. P. Simpson argues that political liberalism is despotic because it denies to politics a concern with the comprehensive human good; political illiberalism overcomes this despotism and restores genuine freedom. In Political Illiberalism, Simpson provides a detailed account of these political phenomena and presents a political theory opposed to that of Rawls and other proponents of modern liberalism. Simpson analyzes and confronts the assumptions of this liberalism by challenging its view of liberty and especially its cornerstone that politics should not be about the comprehensive good. He presents the fundamentals of the idea of a truer liberalism as derived from human nature, with particular attention to the role and power of religion, using the political thought of Aristotle, the founding fathers of the United States, thinkers of the Roman Empire, and contemporary practice. Political Illiberalism concludes with reflections on morals in the political context of the comprehensive good. Simpson views the modern state as despotically authoritarian; consequently, seeking liberty within it is illusory. Human politics requires devolution of authority to local communities, on the one hand, and a proper distinction between spiritual and temporal powers, on the other. This thought-provoking work is essential for all political scientists and philosophy scholars.