Constitucion Y Realidad Constitucional

Download Constitucion Y Realidad Constitucional full books in PDF, epub, and Kindle. Read online Constitucion Y Realidad Constitucional ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain

Author : Alberto López - Basaguren
Publisher : Springer Science & Business Media
ISBN 13 : 3642277179
Total Pages : 893 pages
Book Rating : 4.6/5 (422 download)

DOWNLOAD NOW!

Book Synopsis The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain by : Alberto López - Basaguren

Download or read book The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain written by Alberto López - Basaguren and published by Springer Science & Business Media. This book was released on 2013-06-13 with total page 893 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. The objective, thus, is to contribute ideas which might help to address the evolution of the Spanish system in the light of the experience of more established Federations. This second volume focuses its attention on the difficulties and challenges faced in two particular fields. On the one hand, the field of intergovernmental relations and, on the other, questions related to the integration and acknowledgement of diversity and of Fundamental Rights, with special reference to the cases of Canada and Spain. Finally, there is analysis of other specific aspects of the system of territorial autonomy in Spain.

EMU Integration and Member States’ Constitutions

Author : Stefan Griller
Publisher : Bloomsbury Publishing
ISBN 13 : 1509935800
Total Pages : 803 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis EMU Integration and Member States’ Constitutions by : Stefan Griller

Download or read book EMU Integration and Member States’ Constitutions written by Stefan Griller and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 803 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, legal scholars from the EU Member States (with the addition of the UK) analyse the development of the EU Member States' attitudes to economic, fiscal, and monetary integration since the Treaty of Maastricht. The Eurozone crisis corroborated the warnings of economists that weak economic policy coordination and loose fiscal oversight would be insufficient to stabilise the monetary union. The country studies in this book investigate the legal, and in particular the constitutional, pre-conditions for deeper fiscal and monetary integration that influenced the past and might impact on the future positions in the (now) 27 EU Member States. The individual country studies address the following issues: - Main characteristics of the national constitutional system, and constitutional culture; - Constitutional foundations of Economic and Monetary Union (EMU) membership and related instruments; - Constitutional obstacles to EMU integration; - Constitutional rules and/or practice on implementing EMU-related law; and - The resulting relationship between EMU-related law and national law Offering a comprehensive and detailed assessment of the legal and constitutional developments concerning the Economic and Monetary Union since the Treaty of Maastricht, this book provides not only a study of legal EMU-related measures and reforms at the EU level, but most importantly sheds light on their perception in the EU Member States.

Claims for Secession and Federalism

Author : Alberto López-Basaguren
Publisher : Springer
ISBN 13 : 3319597078
Total Pages : 576 pages
Book Rating : 4.3/5 (195 download)

DOWNLOAD NOW!

Book Synopsis Claims for Secession and Federalism by : Alberto López-Basaguren

Download or read book Claims for Secession and Federalism written by Alberto López-Basaguren and published by Springer. This book was released on 2019-01-05 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume, incorporating the work of scholars from various parts of the globe, taps the wisdom of the Westphalian (and post-Westphalian) world on the use of federalism and secession as tools for managing regional conflicts. The debate has rarely been more important than it is right now, especially in light of recent events in Catalonia, Scotland, Québec and the Sudan - all unique political contexts raising similar questions about how best to balance competing claims for autonomy, interdependence, political voice, and exit. Exploring how various nations have encountered comparable conflicts, some more and some less successfully, the book broadens the perspectives of scholars, government officials, and citizens struggling to resolve sovereignty conflicts with a full appreciation of the underlying principles they represent.

Legal Implications of Territorial Secession in Spain

Author : Carlos Fernández de Casadevante Romani
Publisher : Springer Nature
ISBN 13 : 3031046099
Total Pages : 443 pages
Book Rating : 4.0/5 (31 download)

DOWNLOAD NOW!

Book Synopsis Legal Implications of Territorial Secession in Spain by : Carlos Fernández de Casadevante Romani

Download or read book Legal Implications of Territorial Secession in Spain written by Carlos Fernández de Casadevante Romani and published by Springer Nature. This book was released on 2022-09-30 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with the secession/separation of territorial entities and the legal consequences that derive from it both for the parent state and for the seceded/separated entity or the entity that intends to secede/separate. This subject is approached from the triple perspective of international law, comparative law, and Spanish law.International law, because it is this legal system which contains the general legal framework within which this issue must be dealt with. Thus, for example, the legal basis of the right to self-determination, the constituent elements of the state, the recognition of states and governments, succession in the matter of treaties, succession in membership of International Organisations, etc.Moreover, international law is also the reference invoked by secessionist/independentist political projects within states in an attempt to provide a legal basis for the legality of their claim.Comparative law, in order to find out not only how most state constitutions deal with secession or independence of their territories, but also the jurisprudence handed down by national courts on the matter (USA, Canada, Italy, France, Spain, among others).And finally, Spanish Law, because the perspective chosen to address the object of study is from the perspective of Spain.

Interlocking Constitutions

Author : Luis I Gordillo
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319335
Total Pages : 410 pages
Book Rating : 4.8/5 (473 download)

DOWNLOAD NOW!

Book Synopsis Interlocking Constitutions by : Luis I Gordillo

Download or read book Interlocking Constitutions written by Luis I Gordillo and published by Bloomsbury Publishing. This book was released on 2012-04-25 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.

Constitutions in the Global Financial Crisis

Author : Xenophon Contiades
Publisher : Routledge
ISBN 13 : 1317161629
Total Pages : 316 pages
Book Rating : 4.3/5 (171 download)

DOWNLOAD NOW!

Book Synopsis Constitutions in the Global Financial Crisis by : Xenophon Contiades

Download or read book Constitutions in the Global Financial Crisis written by Xenophon Contiades and published by Routledge. This book was released on 2016-05-23 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume’s extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.

The Balance between Worker Protection and Employer Powers

Author : Nuno Cerejeira Namora
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527526097
Total Pages : 622 pages
Book Rating : 4.5/5 (275 download)

DOWNLOAD NOW!

Book Synopsis The Balance between Worker Protection and Employer Powers by : Nuno Cerejeira Namora

Download or read book The Balance between Worker Protection and Employer Powers written by Nuno Cerejeira Namora and published by Cambridge Scholars Publishing. This book was released on 2019-01-17 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the most important problems and challenges of the current labour market from the point of view of the balance between the parties of the employment contract. The contributions here are related to various pressing topics, including, for example, the future of work and worker protection on an international level against the strengthening of employers’ powers. In addition, the nature and limits of employers’ power, non-competition contractual clauses and workers’ rights in the face of new communication and information technologies are also discussed. The contributors are drawn from several countries, such as Portugal, Spain, Bolivia, Italy, México and Switzerland. The book will appeal to lawyers, legal experts, human resources experts, economist, judges, academia, and staff from companies and trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (4) and Portuguese (5).

Changing Federal Constitutions

Author : Arthur Benz
Publisher : Verlag Barbara Budrich
ISBN 13 : 3866495536
Total Pages : 420 pages
Book Rating : 4.8/5 (664 download)

DOWNLOAD NOW!

Book Synopsis Changing Federal Constitutions by : Arthur Benz

Download or read book Changing Federal Constitutions written by Arthur Benz and published by Verlag Barbara Budrich. This book was released on 2012-05-30 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses constitutional change in federal and decentralizing countries from a comparative perspective. The authors identify structures, processes and strategies which have proven to favour successful constitutional amendment. Thereby, the book enables public officials, scholars, and students to learn from the constitutional reform experiences of other federal democracies and from practical suggestions how future reforms could be designed. From the Contents: The Relevance of Constitutional Change Constitutional Reform in “Co-operative” Federalism Constitutional Reform in Federal Systems with Divided Societies Devolution and Regionalisation in Federalising States Processes of Ratification Evolution after a Constitutional Reform Conclusion

Autonomy and Self-Determination

Author : Peter Hilpold
Publisher : Edward Elgar Publishing
ISBN 13 : 1788111710
Total Pages : 369 pages
Book Rating : 4.7/5 (881 download)

DOWNLOAD NOW!

Book Synopsis Autonomy and Self-Determination by : Peter Hilpold

Download or read book Autonomy and Self-Determination written by Peter Hilpold and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy. Autonomy and Self-Determinationoffers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future. This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars. Contributors include:X. Arzoz, A. Beauséjour, P. Hilpold, H. Hofmeister, E. López-Jacoiste, R. Müllerson, S. Oeter, B. Olmos, B. Roth, M. Suksi, A. Tancredi, D. Turp

The Canadian Contribution to a Comparative Law of Secession

Author : Giacomo Delledonne
Publisher : Springer
ISBN 13 : 3030034690
Total Pages : 295 pages
Book Rating : 4.0/5 (3 download)

DOWNLOAD NOW!

Book Synopsis The Canadian Contribution to a Comparative Law of Secession by : Giacomo Delledonne

Download or read book The Canadian Contribution to a Comparative Law of Secession written by Giacomo Delledonne and published by Springer. This book was released on 2018-12-11 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.

On the Relation between the EU Charter of Fundamental Rights and National Fundamental Rights

Author : Alexander Heger
Publisher : Springer Nature
ISBN 13 : 3031526856
Total Pages : 260 pages
Book Rating : 4.0/5 (315 download)

DOWNLOAD NOW!

Book Synopsis On the Relation between the EU Charter of Fundamental Rights and National Fundamental Rights by : Alexander Heger

Download or read book On the Relation between the EU Charter of Fundamental Rights and National Fundamental Rights written by Alexander Heger and published by Springer Nature. This book was released on with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The 'Militant Democracy' Principle in Modern Democracies

Author : Markus Thiel
Publisher : Routledge
ISBN 13 : 1317024044
Total Pages : 439 pages
Book Rating : 4.3/5 (17 download)

DOWNLOAD NOW!

Book Synopsis The 'Militant Democracy' Principle in Modern Democracies by : Markus Thiel

Download or read book The 'Militant Democracy' Principle in Modern Democracies written by Markus Thiel and published by Routledge. This book was released on 2016-02-17 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection provides an up-to-date analysis of key country approaches to Militant Democracy. Featuring contributions from some of the key people working in this area, including Mark Tushnet and Helen Irving, each chapter presents a stocktaking of the legal measures to protect the democracy against its enemies within. In addition to providing a description of the country's view of Militant Democracy and the current situation, it also examines the legal and political provisions to defend the democratic structure against attacks. The discussion also presents proposals for the development of the Militant Democracy principle or its alternatives in policy and legal practice. In the final chapter the editor compares the different arrangements and formulates a minimum consensus as to what measures are indispensable to protect a democracy. Highly topical, this book is a valuable resource for students, academics and policy-makers concerned with democratic principles.

Catalan Independence and the Crisis of Sovereignty

Author : Óscar García Agustín
Publisher : Springer Nature
ISBN 13 : 3030548678
Total Pages : 260 pages
Book Rating : 4.0/5 (35 download)

DOWNLOAD NOW!

Book Synopsis Catalan Independence and the Crisis of Sovereignty by : Óscar García Agustín

Download or read book Catalan Independence and the Crisis of Sovereignty written by Óscar García Agustín and published by Springer Nature. This book was released on 2020-12-14 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the conflict between the Catalan project to become independent and the Spanish state’s opposition to any attempt of secessionism. The volume addresses some of the key political and academic issues of contemporary European societies: nationalism, separatism and sovereignty. The banned referendum in Catalonia in October 2017 unveiled the existence of multiple crises, from territorial to economic and political. Indeed, the Catalan issue is about the crisis of sovereignty: who holds legitimacy to make decisions, and who is in power legally and politically? The book is structured according to three themes: sovereignty and its people, where the realignment to independence, populism and the definition of the demos are discussed; collective identities and actions, to account for the shaping of ‘us’, the importance of collective memory and the cross-alliances forged during the referendum; and internationalization, focusing on Europeanisation, international media and comparative constitutional perspectives.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

DOWNLOAD NOW!

Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

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.

The European Union after Lisbon

Author : Hermann-Josef Blanke
Publisher : Springer Science & Business Media
ISBN 13 : 3642195075
Total Pages : 586 pages
Book Rating : 4.6/5 (421 download)

DOWNLOAD NOW!

Book Synopsis The European Union after Lisbon by : Hermann-Josef Blanke

Download or read book The European Union after Lisbon written by Hermann-Josef Blanke and published by Springer Science & Business Media. This book was released on 2011-10-12 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book contains 24 contributions from European law scholars and practitioners analysing the constitutional basis of the European Union and the normative orientation of the Common Foreign and Security Policy (CFSP) as well as the central economic and monetary provisions (TFEU) after the Reform Treaty of Lisbon. Presenting the findings of a European research team, which is composed of authors from eight Member States, the publication underlines the aspiration of the editors to thoroughly analyse the constitutional law of the European Union currently in force.

EU Values Before the Court of Justice

Author : Luke Dimitrios Spieker
Publisher : Oxford University Press
ISBN 13 : 0198876718
Total Pages : 385 pages
Book Rating : 4.1/5 (988 download)

DOWNLOAD NOW!

Book Synopsis EU Values Before the Court of Justice by : Luke Dimitrios Spieker

Download or read book EU Values Before the Court of Justice written by Luke Dimitrios Spieker and published by Oxford University Press. This book was released on 2023-07-20 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in AssociaÃ§Ã£o Sindical dos JuÃzes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.

Towards a Rational Legislative Evaluation in Criminal Law

Author : Adán Nieto Martín
Publisher : Springer
ISBN 13 : 3319328956
Total Pages : 386 pages
Book Rating : 4.3/5 (193 download)

DOWNLOAD NOW!

Book Synopsis Towards a Rational Legislative Evaluation in Criminal Law by : Adán Nieto Martín

Download or read book Towards a Rational Legislative Evaluation in Criminal Law written by Adán Nieto Martín and published by Springer. This book was released on 2016-08-27 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book launches a debate on the need to evaluate criminal policies and, what is more complex and ambitious, to develop an evaluation method. The contributions address topics such as the general methodology for evaluating public policy, preparing criminal statistics, and analyzing costs, cost-effectiveness and cost benefits. Additionally, the work explores the state of affairs in various countries including Spain, Sweden, USA, Germany and in the EU. It also examines issues such as the relationship between legislative evaluation and criminal principles and the constitutional courts’ control over criminal acts.