1st Edition

Constitutionalization of Politics in Comparative Perspective

328 Pages 6 B/W Illustrations
by Routledge

328 Pages 6 B/W Illustrations
by Routledge

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... Read more

1 Introduction
PAWEŁ LAIDLER, ŁUKASZ JAKUBIAK, JACEK SOKOŁOWSKI, AND DARIUSZ STOLICKI

PART I: Theoretical considerations
2 The constitutionalization of politics: theoretical considerations and institutional arrangements
PAWEŁ LAIDLER, DARIUSZ STOLICKI, ŁUKASZ JAKUBIAK, AND JACEK SOKOŁOWSKI

3 Constitutional veto players: a formal quantitative model
DARIUSZ STOLICKI AND DARIA BORATYN

4 Constitutional faith and the regulative idea of text immanence: from original and living to competing constitutions in U.S. federal democracy
JARED SONNICKSEN

5 Participatory constitutionalism and the transnational constituent process
FRANCESCO RIZZI BRIGNOLI

6 The rule of law in the liberal tradition as political theology
ARKADIUSZ GÓRNISIEWICZ

PART II: U.S. perspective
7 Outside actors and constitutional court decision-making
BENJAMIN BRICKER AND SCOTT COMPARATO

8 U.S. presidents as active interpreters of the Constitution: The case of Donald Trump
PAWEŁ LAIDLER

9 Layered legitimacy: Bush and Obama’s systematic expansion of unilateral war powers
KIMBERLEY L. FLETCHER

10 Constitutional dynamics of the investigative powers of the U.S.
Congress
MACIEJ TUREK

11 Independent state legislature theory: Examining the influence of the Supreme Court of the United States on state autonomy and electoral processes
IGA MACHNIK

PART III: Non-U.S. perspective
12 The influence of politics on constitutional interpretations: The Finnish ex-ante constitutional review as an example
MAIJA DAHLBERG

13 Climate change policy from the perspective of the constitutionalization of politics: the context of the Fifth French Republic
ŁUKASZ JAKUBIAK

14 Over-constitutionalized policies and democratic procedures in flux: the case of Bulgaria
DANIEL SMILOV

15 Italian political parties and the constitutionalization of politics
GIOVANNI CAVAGGION

16 (Not)Governing with judges: legal elites and public policy during the post-communist transformation of Poland
JACEK SOKOŁOWSKI

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.

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 on applications of methods from mathematical sciences (pure mathematics, game theory, statistics, computer science, machine learning, operations research) in political science, particularly in electoral studies, social choice, legislative studies, and constitutional research. He has also done research in applied mathematics, probability theory, and American constitutional law.

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, and constitutionalization 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.