CEU Electronic Theses and Dissertations, 2024
| Author | Andreieva, Oleksandra |
|---|---|
| Title | Informal Constitutional Change in prolonged State of Emergency: Implications for Democracy and the Rule of Law |
| Summary | Modern constitutionalism, shaped significantly by the aftermath of World War II, largely aims to ensure stability even in extraordinary turbulent times that go beyond the established “constitutional normalcy” by embedding mechanisms for states of emergency and martial law within constitutional texts. In post-Covid, epidemic-related emergency era, the classical understanding of the “emergency constitution”, “state of exception” and “constitutional change” is no longer as widely relevant. This phenomenon is evidently represented in conflict-related emergencies, where the threat of prolonged emergency may lead to an equivocal constitutional framework reform through means of informal constitutional change. The longer such a legal regime persists, the more drastic will be the implications for the rule of law. Conflating normative textual claims with non-formal characteristics of the emergency is relevant for this analysis. This study examines and theorizes concepts, causal mechanisms and processes that lead to informal constitutional change (through militarization of law enforcement and institutional reform) in a prolonged state of emergency that originated in the nexus of the conflict and transformed gradually from a de-jure to a de-facto legal regime. Through a comparative and cross-national functional analysis, the thesis investigates the transformation of the constitutional frameworks without formal amendments, particularly during or post conflict-related crises, focusing on cases from Europe (Ukraine, Georgia) and South America (Colombia, Peru). Informal constitutional change in prolonged emergencies and the broader implications for democracy and the rule of law are explored. |
| Supervisor | Decloedt Matthew |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/andreieva_oleksandra.pdf |
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