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Author : Denis James Galligan
Publisher :
ISBN 13 : 9789630497817
Total Pages : 652 pages
Book Rating : 4.4/5 (978 download)
Download or read book Administrative Justice in the New European Democracies written by Denis James Galligan and published by . This book was released on 1998 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Walter Leisner
Publisher : Giuffre
ISBN 13 : 9788814051142
Total Pages : 327 pages
Book Rating : 4.0/5 (511 download)
Download or read book Administrative Law: Western European democracies written by Walter Leisner and published by Giuffre. This book was released on 1997-01-01 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : María Elósegui
Publisher : Springer Nature
ISBN 13 : 3030560015
Total Pages : 287 pages
Book Rating : 4.0/5 (35 download)
Download or read book The Rule of Law in Europe written by María Elósegui and published by Springer Nature. This book was released on 2021-04-20 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term “illiberal democracies” is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union’s sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts’ responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.
Author : Carlo Guarnieri
Publisher : Edward Elgar Publishing
ISBN 13 : 1839100362
Total Pages : 232 pages
Book Rating : 4.8/5 (391 download)
Download or read book The Judicial System written by Carlo Guarnieri and published by Edward Elgar Publishing. This book was released on 2020-05-29 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits.
Author : Aldo Piras
Publisher :
ISBN 13 : 9788814023392
Total Pages : pages
Book Rating : 4.0/5 (233 download)
Download or read book Administrative Law: Western European Democracies written by Aldo Piras and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Domenico Sorace
Publisher : Springer Nature
ISBN 13 : 3030507807
Total Pages : 406 pages
Book Rating : 4.0/5 (35 download)
Download or read book The Changing Administrative Law of an EU Member State written by Domenico Sorace and published by Springer Nature. This book was released on 2020-09-26 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the evolution of Italian administrative law in the context of the EU, describing its distinctive features and comparing it with other experiences across Europe. It provides a comprehensive overview of administrative law in Italy, focusing on the main changes occurred over the last few decades.Although the respective chapters generally pursue a legal approach, they also consider the influence of economic, social, cultural and technological factors on the evolution of public administration and administrative law.The book is divided into three parts. The first part addresses general issues (e.g. procedures and organization of public administrations, administrative justice). The second part focuses on more specific topics (e.g. public intervention in the economy, healthcare management, local government). In the third part, the evolution of Italian administrative law is discussed in a comparative perspective.
Author : Richard Gunther
Publisher : OUP Oxford
ISBN 13 : 0191513962
Total Pages : 456 pages
Book Rating : 4.1/5 (915 download)
Download or read book Democracy and the State in the New Southern Europe written by Richard Gunther and published by OUP Oxford. This book was released on 2006-11-16 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the evolution of selected public policies and the changing roles and structure of the state in Greece, Italy, Portugal, and Spain since the 1960s. It makes a major contribution to work on recent democratic regime transition in southern Europe, demonstrating how the state has responded and adapted to the challenges and pressures associated with the overarching processes of democratization, socio-economic development, and Europeanization.
Author : Walter Leisner
Publisher : Giuffre
ISBN 13 : 9788814051142
Total Pages : 328 pages
Book Rating : 4.0/5 (511 download)
Download or read book Administrative Law: Western European democracies written by Walter Leisner and published by Giuffre. This book was released on 1997 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Iulia Motoc
Publisher : Cambridge University Press
ISBN 13 : 1316558835
Total Pages : 559 pages
Book Rating : 4.3/5 (165 download)
Download or read book The Impact of the ECHR on Democratic Change in Central and Eastern Europe written by Iulia Motoc and published by Cambridge University Press. This book was released on 2016-08-18 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.
Author : Giacinto Della Cananea
Publisher : Oxford University Press
ISBN 13 : 0198867603
Total Pages : 417 pages
Book Rating : 4.1/5 (988 download)
Download or read book Judicial Review of Administration in Europe written by Giacinto Della Cananea and published by Oxford University Press. This book was released on 2021 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the 'common core' method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a 'common core' exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.
Author : Matej Avbelj
Publisher : Bloomsbury Publishing
ISBN 13 : 1509915060
Total Pages : 315 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Impact of European Institutions on the Rule of Law and Democracy written by Matej Avbelj and published by Bloomsbury Publishing. This book was released on 2020-04-30 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2010 the European Union has been plagued by crises of democracy and the rule of law, which have been spreading from Central and Eastern Europe (CEE), catching many by surprise. This book argues that the professed success of the 2004 big bang enlargement mirrored the Potemkin villages erected in the new Member States on their accession to Europe. Slovenia is a prime example. Since its independence and throughout the accession process, Slovenia has been portrayed as the poster child of the 'New Europe'. This book claims that the widely shared narrative of the Slovenian EU dream is a myth. In many ways, Slovenia has fared even worse than its contemporary, constitutionally-backsliding, CEE counterparts. The book's discussion of the depth and breadth of the democratic crises in Slovenia should contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE Member States, which threaten the viability of the EU and Council of Europe projects. It is only on the basis of this improved understanding that the crises can be appropriately addressed at national, transnational and supranational levels.
Author : Cristina Dallara
Publisher : Routledge
ISBN 13 : 1317088891
Total Pages : 190 pages
Book Rating : 4.3/5 (17 download)
Download or read book Networking the Rule of Law written by Cristina Dallara and published by Routledge. This book was released on 2016-04-22 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.
Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)
Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Author : Diane Longley
Publisher : Routledge
ISBN 13 : 1859413420
Total Pages : 272 pages
Book Rating : 4.8/5 (594 download)
Download or read book Administrative Justice written by Diane Longley and published by Routledge. This book was released on 1999-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explores administrative law from a socio-legal perspective against a background of constitutional principles. It scrutinizes the current institutions in the light of constitutional ideals and highlights the discrepancies between underlying aims and reality. It considers, in the broad sense, how legal techniques are used in the development and implementation of government policy and to what extent this allows for the enhancement of democratic participation and legitimacy of decision-making. It also gives due weight to all means of resolving grievances against the state, not just via the courts.
Author : Francesca Bignami
Publisher : Cambridge University Press
ISBN 13 : 1108485081
Total Pages : 611 pages
Book Rating : 4.1/5 (84 download)
Download or read book EU Law in Populist Times written by Francesca Bignami and published by Cambridge University Press. This book was released on 2020-01-02 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
Author : Joana Mendes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911936
Total Pages : 309 pages
Book Rating : 4.5/5 (99 download)
Download or read book Allocating Authority written by Joana Mendes and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing the idea of relative authority / Joana Mendes and Ingo Venzke -- Democratic legitimacy and executive rule-making : positive political theory in comparative public law / Susan Rose-Ackerman -- The new separation of powers / Deirdre Curtin and Eoin Carolan -- Bolstering authority by enhancing communication : how checks and balances and feedback loops can strengthen the authority of the European Court of Human Rights / Mikael Rask Madsen -- Authority monism in international organisations : a historical sketch / Jochen von Bernstorff -- No institution is an island : checks and balances in global governance / Andreas von Staden -- The role of the European Court of Justice in shaping the institutional balance in the EU / Bruno De Witte -- Refining relative authority : the judicial branch in the new separation of powers / Joseph Corkin -- Judicial review of EU administrative discretion : how far does the separation of powers matter? / Dominique Ritleng -- First or second best? : judicial law-making in european private law / Chantal Mak -- Relative authority in global and EU financial regulation : linking the legitimacy debates / Maurizia De Bellis -- Relative authority and institutional decision-making in world trade law and international investment law / Diane Desierto
Author : Niamh Kinchin
Publisher : Edward Elgar Publishing
ISBN 13 : 1786432617
Total Pages : 240 pages
Book Rating : 4.7/5 (864 download)
Download or read book Administrative Justice in the UN written by Niamh Kinchin and published by Edward Elgar Publishing. This book was released on 2018 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN’s capacity as an administrative decision-maker that affects the rights of individuals is a largely overlooked aspect of its role in international affairs. This book explores the potential for a model of administrative justice that might act as a benchmark to which global decision-makers could develop procedural standards. Applied to the UN’s internal justice, refugee status determination, NGO participation and the Security Council, the global administrative justice model is used to appraise the existing procedural protections within UN administrative decision-making.
