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In the initial period of the COVID 19 pandemic (February–September 2020), Japan succeeded in minimizing the mortality rate and reducing the damage to the economy. The Japanese experience has both positive and negative aspects. Among the G7 countries, Japan recorded the best иге among the states of East Asia the worst indicators of overall and excessive mortality. From an economic perspective, the pandemic strongly affected inbound and outbound tourism, which will take years to recover. Employment opportunities in the tourism and other contact-intensive industries will be reduced by approximately one million jobs, primarily affecting part time and temporary workers. At the same time, the overall unemployment rate will hardly exceed one-third of the OECD average generally because of the ample financial support, long-term commitments among core employees in Japan, and job retention practices of domestic companies. In the macroeconomic realm, the Japanese government embarked on an extension of quantitatively easing measures of monetary expansionary steps in fiscal sphere and universal stimulus in growth-enhancing structural policies. This approach actually follows the logic of a long-standing reflationary Abenomics, which is expected to continue despite the abrupt resignation of S. Abe. At least, Japan's newly elected Prime Minister Yo. Suga has indicated his support for current monetary and fiscal policies. He also hinted at a need to reduce the administrative red tape and to accelerate the digitalization in the economy. The package of anti-crisis measures in Japan turned out to be one of the largest in the world, and its implementation could increase the budget deficit and public debt, that is, cause the emergence of problems relevant to most other countries.

This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, memory politics and identity politics. It critically assesses the responses given by the EU and its member states to the current crisis. The work also provides an analysis of the most important challenges to rule of law stemming from the performance of constitutional courts, including the risks of judicial activism, politicization of the courts and judicialization of politics. The book will be an invaluable resource for researchers, academics and policy-makers working in the areas of Constitutional Law and Political Science.

This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, memory politics and identity politics. It critically assesses the responses given by the EU and its member states to the current crisis. The work also provides an analysis of the most important challenges to rule of law stemming from the performance of constitutional courts, including the risks of judicial activism, politicization of the courts and judicialization of politics. The book will be an invaluable resource for researchers, academics and policy-makers working in the areas of Constitutional Law and Political Science.

"This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning."--

Introduction -- Mauro Zamboni (University of Stockholm, Sweden) Law, politics, and the constitutional courts' activism : setting the starting point -- Stefan Schlegel (University of Bern, Switzerland) Activism as defence : the role of courts in shaping the relationship between constitutions and international law : a comparison of the apex Courts of Switzerland, Germany, and Austria -- Maria Lucia Di Bitonto (LUISS 'Guido Carli', Rome, Italy) The revolutionary impact of the European Court of Human Rights case law on the idea of res judicata in criminal justice : the Italian experience -- Violeta Beshirevic (Union University, Belgrade, Serbia) Thinking outside the politics box : framing a judicial role in shaping militant democracy in European Union -- Aleksandra Kustra-Rogatka ('Nicolas Copernicus' University of Torun, Poland) An illiberal turn or a counter-constitutional revolution? : about the Polish Constitutional Tribunal before and after 2015 -- Bianca Gutan (University of Sibiu, Romania) When activism takes the wrong turn : the case of the Romanian Constitutional Court -- Hadeel Abu Hussein (Oxford University, UK) The revolutionary role of Constitutional Courts in Morocco and Jordan as a contemporary example from the MENA Region -- Martin Belov (University of Sofia 'St. Kliment Ohridski', Bulgaria) Mastering emergency situations : the activist role of the Bulgarian Constitutional Court in redefining the constitutional design of war, state of siege and state of Emergency -- Djordje Gardasevic (University of Zagreb, Croatia) Activism of the Croatian Constitutional Court and COVID-19 : a bridge too far -- Conclusion.

"This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and on its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspective. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics"--

Post-human constitutionalism? A critical defence of anthropocentric and humanist traditions in algorithmic society / Martin Belov -- Constitutional dimensions of information revolution / Daniel Valchev -- The impacts of technological revolution on the role of the state / Attila Menyhárd -- Global information law : how to enhance the legitimacy of the information order in and beyond the state? / David Roth-Isigkeit -- The disruptive effects of social media platforms on democratic will-formation processes / Hoai-Thu Nguyen -- Data revolution and public will formation : regulating democratic processes in the digital age / Sascha Hardt -- Monetary sovereignty in conditions of technological revolution / Marko Dimitrijević -- Conceptual and legal challenges to the public order of states stemming from cybercurrencies / Benjamin Moron-Puech, Jérémy Cornaire and Harrison Colins -- Th e'algorithmic revolution' : fair taxation, social pact and global governance / Stefano Dorigo -- The impact of information and communication revolution on constitutional courts / Angioletta Sperti -- The constitutional limits of digital justice / Artur Flamínio da Silva and Daniela Mirante -- The impact of artificial intelligence on administrative law / Alessandro Puzzanghera -- The impact of the information and technology revolution on the constitutional rights with particular attention to personal data protection issues / Carlo Colapietro -- The digital revolution and the constitutional orders' vertical and horizontal challenges to protect privacy / Patricia Jonason -- Artificial intelligence in social and health services : a new challenge for public authorities in ensuring constitutional rights / Guerino Fares -- Gene editing e-machine learning : the international and EU legal framework / Nadina Foggetti.

This book is a topical study of populist constitutionalism and illiberal democracies, exploring their roots in constitutional imagination as well as their normative entrenchment and performance in political reality. It provides insightful analysis of republican constitutionalism, focusing on the role of people in radical democracy and revolutionary constitutional reform. Furthermore, the outlook, adequacy and performance of constitutional principles in times of democratic ruptures are assessed. The contributors examine the rise of populist constitutionalism and the main trends that have led to the current, ongoing crises in liberal democracy. The book includes original analyses of populist constitutionalism from the viewpoint of emotions and constitutional imagination, as well as a special chapter devoted to the challenges posed to constitutional democracy by COVID-19. Combining theoretical contributions, comparative typologies and important case studies, the spread of populism and illiberal democracy in Europe is critically explored. Populist Constitutionalism and Illiberal Democracies is a timely contribution to the lively discussion surrounding constitutional law, comparative constitutional law, comparative constitutionalism and political science regarding the rise and spread of illiberal democracies, authoritarian political regimes and revolutionary, radical democratic and populist constitutionalism. With contributions by Martin Belov (University of Sofia 'St. Kliment Ohridski'), Agnieszka Bien-Kacala (Nicolaus Copernicus University in Torun), Paul Blokker (University of Bologna), Monica Bonini (Università degli Studi di Milano-Bicocca), Carlo Alberto Ciaralli (University 'G. d'Annunzio' of Chieti-Pescara), Eoin Daly (National University of Ireland), Gianmario Demuro (University of Cagliari), Tímea Drinóczi (University of Pécs), Wojciech Engelking (University of Warsaw), Angela Di Gregorio (University of Milano), Marcin Kilanowski (Nicolaus Copernicus University in Torun), Zoltán Pozsár-Szentmiklósy (ELTE Eötvös Loránd University), Przemyslaw Tacik (Jagiellonian University of Kraków), Anna Tarnowska (Nicolaus Copernicus University in Torun), Zoltan J. Toth (Károli Gáspár University), Julia Wesolowska (Jagiellonian University of Kraków) and Wojciech Wloch (Nicolaus Copernicus University in Torun)

Intro -- Praise for Territorial Politics and Secession -- Contents -- Notes on Contributors -- Chapter 1: Introduction -- Part I: Territoriality and Territorial Politics in Constitutional and International Law -- Chapter 2: Territory, Territoriality and Territorial Politics as Public Law Concepts -- 1 Introduction -- 2 Territory and Territoriality as Fundamental Concepts with Paradigmatic Importance for Constitutional and International Law -- 3 Models of Territoriality Stretched Between Westphalian, Post-Westphalian and Neo-Westphalian Constitutionalism -- 4 Crisis of Territoriality or New Territorial Entrapment? The Constitutional Importance of Territorial Politics in the Age of Globalisation and Digitalisation -- 5 The Concept of Territorial Politics -- 6 Typology of Territorial Politics -- 7 Conclusion -- References -- Chapter 3: Secession in Law: A Revolutionary or a Conservative Concept? -- 1 Introduction -- 2 Secession and Territorial Integrity -- 3 Secession and Peoples' Right to Self-Determination -- 4 Secession and Democracy -- References -- Chapter 4: Revolution and Devolution in Contemporary European Territoriality: Political Orders and Moral Borders in Exit-ing -- 1 Introduction -- 2 About Some Theorizing -- The European Integration Process as a Symptomatic Transmission of Benefits and Non-Benefits. Why Flatten the Curve? -- The Contagious Effect of the Devolution of Orders -- Empiricism: Case Study of Exiting. The Brexit "Popular Coup"-The False Moral Dilemmas and Pragmatic Implications of Populist "Distancing" -- 3 The Reversalism of a Conclusion? -- References -- Part II: Territorial Politics and Sovereignty -- Chapter 5: Territorial Disputes and State Sovereignty Reconciled -- 1 Introduction -- 2 Sovereignty -- Concept and Conceptions -- Absolute Sovereignty and Limitations -- Vertical and Horizontal Views.

Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- About the authors -- Introduction -- PART I: The constitutional foundations of democratic peace and democratic discontent in times of crisis and transition -- 1 Constitutional foundations of peace and discontent -- 2 The right to protest and contestation in a deliberative democracy -- PART II: Peace and discontent in the EU constitutional order -- 3 The material constitutional arrangement of the European Union -- 4 'Don't you know they're talkin' 'bout a revolution? (It sounds like a whisper)': The Bundesverfassungsgericht ruling in Weiss -- 5 National identity (under Art. 4(2) TEU) and constitutional identity (as counter-limits) are not the same -- PART III: Peace, order, and disorder in composite societies: national, ethnocentric, and religious factors for peace or discontent -- 6 Building order in age of revolutions: a transnational history of constitution making: 1787-1867 -- 7 Inequality and discontent: a comparative constitutional law inquiry on South Asia and Latin America -- 8 A silent revolution: how Islamic religious law is paving its way to the European legal orders -- PART IV: Economic challenges to constitutional peace and order in times of crisis of neoliberalism -- 9 The transformative side of law: reflections on the reconstruction of a radical democratic labour law -- 10 The 'quiet' revolutions in pension insurance and the constitutional safeguards in Eastern Europe: the cases of Bulgaria, Slovenia, and Latvia -- 11 Constitutional change in Greece as a result of the financial crisis: privatisations and the silent (r)evolution of the economic constitution -- Conclusion -- Index.

"This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. The volume provides the reader with a multi-discursive analysis of the constitutional foundations of peace, discontent and revolution. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework"--

Part I. Courts and Democracy; 1. Democracy and Courts beyond the Ideological Banality; Daniel Valchev; 2. Disempowering courts. The Interrelationship between Courts and Politics in Contemporary Legal Orders; Konrad Lachmayer; Part II. Courts and Their Relationship with Legislative and Executive Power; 3. Courts and Legislation: Do Legislators and Judges Speak the Same Language?; Helen Xanthaki; 4. Text, Values and Interpretation -- The Role of Judges and Legislative Power in Private Law; Attila Menyhárd; 5. Supreme Courts in Sweden: From Civil Servants to 'Real' Judges?; Mauro Zamboni 6. From Separation of Powers to Superiority of Rights: the Italian Constitutional Court and End-of-Life Decisions; Monica Bonini; Part III. Courts, Constitution-Making, and the Separation between Constituent and Constituted Powers; 7. The Negative Legislator: On Kelsen's Idea of a Constitutional Court; Paul Yowell; 8. Constitutional Courts as Ultimate Players in Multilevel Constituent Power Games: the Bulgarian Case; Martin Belov; 9. Courts in the Constitution making process: Paradoxes and Justifications; Antonios Kouroutakis; 10. The Least Dangerous Branch? Constitutional Review of Constitutional Amendments in Europe; Michael Hein; Part IV. The Role of Courts in the Context of Democratic Backsliding, Illiberal Democracies and Populist Constitutionalism; 11. Constitutional Courts in the Context of Constitutional Regression. Some Comparative Remarks; Angela di Gregorio; 12. The Use of the EU Infringement Procedures to Protect De Facto the Rule of Law via the Development of the Parameter. From Obligations under the Treaties to the Charter of Fundamental Rights; Enrico Albanesi;

Judicial dialogue is one of the pressing phenomena in contemporary EU law and constitutional law. It is a device of judicial policy-making and networking and instrument for policy coordination and negotiation between the national, international and supranational legal orders. Judicial dialogue is also tipping point of the influence of courts on multilevel constitutional politics in the context of global constitutional (dis)order.00This book provides original analysis of the different aspects of judicial dialogue. It starts with exploring the constitutional dimension of judicial dialogue. The volume offers insightful analysis of the judicial dialogue in the spheres of public finance management putting emphasis on the judicial dialogue related to the Economic and Monetary Union and the Eurozone crisis management. It outlines important issues of judicial dialogue in Private International Law and international dispute settlement. The book finishes with enlightening case-studies of the judicial dialogue between the Court of Justice of the EU and several national courts. The book offers novel theoretical insights and comparative research combined with case-studies

Intro -- Title Page -- Copyright Page -- The Author -- Table of Contents -- List of Abbreviations -- General Introduction -- 1. An Outline of Bulgarian Constitutional History -- 2. Characteristics of the Bulgarian State -- I. Parliamentary Republic -- II. Unitary State with Local Self-Government -- III. Popular Sovereignty and Democracy -- IV. The Separation of Powers -- V. Rechtsstaat, Constitutionalism and the Rule of Law -- VI. Welfare State -- 3. State Territory, Population and Demographics -- Part I. Sources of Constitutional Law -- Chapter 1. The Constitution -- 1. Characteristics -- 2. Amending the Constitution -- I. A Two-Track Procedure -- II. The Role of the Constitutional Court in Delimiting the Competences Between the Grand National Assembly and the National Assembly -- III. Constitutional Amendment by Forms of Direct Democracy -- IV. Entrenched Clause -- V. The Constitutional Amendments Which Have Already Been Accomplished -- 3. Hierarchy -- Chapter 2. Treaties -- 1. The Treaty-Making Power: Types of International Treaties According to the Bulgarian Constitutional Law -- 2. Hierarchy -- 3. System for Implementation of the International Treaties -- 4. Mixed Agreements Concluded Jointly by the EU and Its Member States and Third Parties -- Chapter 3. Legislation -- 1. Types of Legislation -- I. Acts of Parliament -- II. Special Majority Acts -- III. Reasons for the Lack of Delegated Legislation -- IV. Reasons for the Lack of Subnational Legislation -- 2. Hierarchy -- Chapter 4. Case Law -- Chapter 5. Unwritten Law -- 1. Conventions -- 2. General Principles of Law -- Chapter 6. Administrative Regulations and Orders -- 1. Classification -- 2. Hierarchy -- Chapter 7. Codification, Interpretation and Publication -- 1. Codification -- 2. Interpretation -- 3. Publication -- Part II. Form of Government.