Engineering Constitutional Change

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Publisher : Routledge
ISBN 13 : 041552976X
Total Pages : 490 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis Engineering Constitutional Change by : Xenophōn I. Kontiadēs

Download or read book Engineering Constitutional Change written by Xenophōn I. Kontiadēs and published by Routledge. This book was released on 2013 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.

Constitutional Change through Euro-Crisis Law

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Publisher : Cambridge University Press
ISBN 13 : 1107184495
Total Pages : 356 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Constitutional Change through Euro-Crisis Law by : Thomas Beukers

Download or read book Constitutional Change through Euro-Crisis Law written by Thomas Beukers and published by Cambridge University Press. This book was released on 2017-07-06 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: A multilevel and comparative constitutional analysis of the impact of Euro-crisis law on the EU Constitution and its Member States.

The EU and Constitutional Time

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Publisher : Edward Elgar Publishing
ISBN 13 : 1789909007
Total Pages : 181 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis The EU and Constitutional Time by : Massimo Fichera

Download or read book The EU and Constitutional Time written by Massimo Fichera and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions and contradictions of European constitutionalism using the lens of constitutional time.

Participatory Constitutional Change

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Publisher : Routledge
ISBN 13 : 1317083881
Total Pages : 196 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Participatory Constitutional Change by : Xenophon Contiades

Download or read book Participatory Constitutional Change written by Xenophon Contiades and published by Routledge. This book was released on 2016-10-04 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the recent trend of enhancing the role of the people in constitutional change. It traces the reasons underlying this tendency, the new ways in which it takes form, the possibilities of success and failure of such ventures as well as the risks and benefits it carries. To do so, it examines the theoretical aspects of public participation in constitutional decision-making, offers an analysis of the benefits gained and the problems encountered in countries with long-standing experience in the practice of constitutional referendums, discusses the recent innovative constitution-making processes employed in Iceland and Ireland in the post financial crisis context and probes the use of public participation in the EU context. New modes of deliberation are juxtaposed to traditional direct-democratic processes, while the reasons behind this re-emergence of public involvement narratives are discussed from the aspect of comparative constitutional design. The synthetic chapter offers an overview of the emerging normative and comparative issues and provides a holistic approach of the role of the people in constitutional change in an attempt to answer when, where and how this role may be successfully enhanced. The work consists of material specifically written for this volume, and authored by prominent constitutional scholars and experts in public participation and deliberative processes.

Constitutional Change through Euro-Crisis Law

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Publisher : Cambridge University Press
ISBN 13 : 1316885658
Total Pages : 356 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Constitutional Change through Euro-Crisis Law by : Thomas Beukers

Download or read book Constitutional Change through Euro-Crisis Law written by Thomas Beukers and published by Cambridge University Press. This book was released on 2017-07-06 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Change through Euro-Crisis Law contains a comparative constitutional analysis of the impact of a very broad range of euro-crisis law instruments on the EU and national constitutions. It covers contrasting assessments of the impact of euro-crisis law on national parliaments, various types of criticism on the EU economic governance framework, different views on what is needed to improve the multilevel system of economic governance, and valuable insights into the nature of emergency discourse in the legislative arena and of the spillover from the political to the judicial sphere. In addition, it deals with how bailout countries, even if part of the same group of euro area Member States subject to a programme, have reacted differently to the crisis.

Comparing Constitutional Change in European Union Member States

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Comparing Constitutional Change in European Union Member States by : Christer Karlsson

Download or read book Comparing Constitutional Change in European Union Member States written by Christer Karlsson and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article explores the under-researched issue of how constitutional change is brought about in modern democracies. Despite the fundamental importance of constitutions, we know surprisingly little about whether constitutional change is achieved by changing the explicit wording of the constitutional document, or by way of changing the meaning of the constitution while leaving the constitutional text unaltered. Which is the more common method and what variations in the use of these different methods are there in democratic political systems? This study systematically compares the use of explicit and implicit constitutional change in European Union (EU) Member States. The results show that implicit constitutional change is the more frequently used method, but also reveal substantial differences between EU countries. The article closes by discussing the road towards a theory of constitutional change. It does so by presenting five testable propositions that could lay the foundation for a theory of constitutional change.

The European Constitution

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Publisher : Edward Elgar Publishing
ISBN 13 : 1847206786
Total Pages : 329 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis The European Constitution by : Giuliano Amato

Download or read book The European Constitution written by Giuliano Amato and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'I can enthusiastically recommend and endorse this book. It serves the very important purpose of collecting key documents together in an elegant and accessible text. There currently exists a huge proliferation of material on the EU Constitution this volume makes a very wise selection of this profusion, compiling it into a manageable and informative whole. Nine chapters deal with the most significant matters concerning the Constitution. A short but well written introduction at the start of each chapter precedes following extracts. Part of the value of this book lies in the fact that it includes translations of some important documents which are difficult, or impossible, to access in English for example, recent decisions of national courts concerning the European Arrest Warrant. All in all, this work is a comprehensive, but not overwhelmingly large, collection of materials on the EU Constitution, and it will prove extremely valuable to all those working within this area of law. By presenting the Constitution, the background to the Constitution, and the issues it deals with, in this clear and informative way, it will shed new light upon, and help all of us to form our own judgements on, the EU Constitution, and its importance to our lives.' Sionaidh Douglas-Scott, King's College London, UK 'Whatever the ultimate fate of the EU's Constitutional Treaty, both the events which led to its conclusion and those which occurred afterwards during its ill-fated ratification process have profoundly shaped the future of the European Union as a constitutional project. This collection of materials offers an invaluable set of resources for understanding these events, in their widest legal and political context. The text will be useful to all those who seek to understand both why the EU has reached such a turning point, and where it might go in the future.' Jo Shaw, Edinburgh Law School, UK This book offers a selection of materials that enable a better understanding of some of the most important changes that would be introduced by the Treaty establishing a Constitution for Europe in the EU legal and political system. It also helps to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the formulations agreed upon by the signatory Member States. The book includes excerpts of the European Convention's work, selected statutory and constitutional provisions of the Member States, and also related passages from pertinent court decisions from both European courts as well as Member States' constitutional courts. Institutional and doctrinal analyses and relevant excerpts from the Constitutional Treaty itself are also included. Many of these documents directly relate to the provisions of the Constitutional Treaty, while the others, although not directly related, are nevertheless relevant to the debate surrounding it. The European Constitution, by two of the best experts on the Constitution for Europe, will be of great interest to researchers and teachers in the fields of European Law and European politics, and also to policy makers in European affairs.

How Constitutions Change

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847316689
Total Pages : 510 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis How Constitutions Change by : Dawn Oliver

Download or read book How Constitutions Change written by Dawn Oliver and published by Bloomsbury Publishing. This book was released on 2011-08-09 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.

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

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

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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.

Constitutional Change in the EU

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847312233
Total Pages : 400 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Constitutional Change in the EU by : Gráinne de Búrca

Download or read book Constitutional Change in the EU written by Gráinne de Búrca and published by Bloomsbury Publishing. This book was released on 2000-04-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays addresses the changing constitutional framework of the EU and some of the changing patterns of governance within this complex polity. It examines the apparent and gradual shift in the paradigm of European governance from one emphasising uniformity and harmonisation to one which embraces flexibility and differentiation. The chapters range from broad,theoretical reflections on the constitutional implications of flexibility for the European polity, to focused case studies which examine various forms of 'variable geometry' existing in specific policy areas. Some of the contributions challenge the extent to which there has actually been any significant change of paradigm, and others explore the many different meanings and instances of flexibility which have emerged. Overall, the collection brings into focus both the problems and the potential ways forward for Europe which these constitutional developments suggest.

Constitutional Change in the European Union

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Author :
Publisher : Springer Nature
ISBN 13 : 3031106652
Total Pages : 134 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Constitutional Change in the European Union by : Andrew Duff

Download or read book Constitutional Change in the European Union written by Andrew Duff and published by Springer Nature. This book was released on 2022-09-05 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe’s future is contested between those who want to integrate further, those who prefer things to stay as they are, and those who would retreat into nationalism. These divisions impair the government of the European Union and weaken its ability to shoulder more responsibility for its unstable neighbourhood. This open access book analyses the EU’s evolving constitution, arguing that the lack of effective federal government lies at the heart of its problems. It recommends reforms for each EU institution, including those involving treaty change. It makes the case for a unified executive, a more legitimate legislature, and the introduction of a federal treasury and supreme court. It proposes a fresh category of affiliate membership underpinned by a new European security council that would overcome the historic division between the EU and NATO. The book is essential reading for practitioners and students of European integration.

Routledge Handbook of Comparative Constitutional Change

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Publisher : Routledge
ISBN 13 : 1351020978
Total Pages : 469 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Routledge Handbook of Comparative Constitutional Change by : Xenophon Contiades

Download or read book Routledge Handbook of Comparative Constitutional Change written by Xenophon Contiades and published by Routledge. This book was released on 2020-06-11 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

Constitutional change in the EU from uniformity to flexibility?

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (8 download)

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Book Synopsis Constitutional change in the EU from uniformity to flexibility? by : G. de Burca

Download or read book Constitutional change in the EU from uniformity to flexibility? written by G. de Burca and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Europe's Second Constitution

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Publisher : Cambridge University Press
ISBN 13 : 1108487963
Total Pages : 439 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Europe's Second Constitution by : Markus W. Gehring

Download or read book Europe's Second Constitution written by Markus W. Gehring and published by Cambridge University Press. This book was released on 2020-09-24 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.

EU Enlargement and the Constitutions of Central and Eastern Europe

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Publisher : Cambridge University Press
ISBN 13 : 9781139446150
Total Pages : 304 pages
Book Rating : 4.4/5 (461 download)

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Book Synopsis EU Enlargement and the Constitutions of Central and Eastern Europe by : Anneli Albi

Download or read book EU Enlargement and the Constitutions of Central and Eastern Europe written by Anneli Albi and published by Cambridge University Press. This book was released on 2005-06-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.

Constitutionalizing the European Union

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Publisher : Bloomsbury Publishing
ISBN 13 : 1137102810
Total Pages : 288 pages
Book Rating : 4.1/5 (371 download)

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Book Synopsis Constitutionalizing the European Union by : Thomas Christiansen

Download or read book Constitutionalizing the European Union written by Thomas Christiansen and published by Bloomsbury Publishing. This book was released on 2009-03-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enlargement and treaty reform have moved Europe's constitutional debate into the political spotlight. This important new text outlines the main themes of constitutional debate in the EU, analyzes formal and informal constitution-building since the early days of European integration, and introduces the actors and structures behind treaty change.

Constitutional Crisis in the European Constitutional Area

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782253343
Total Pages : 496 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Constitutional Crisis in the European Constitutional Area by : Armin von Bogdandy

Download or read book Constitutional Crisis in the European Constitutional Area written by Armin von Bogdandy and published by Bloomsbury Publishing. This book was released on 2015-03-26 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop systemic deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitutions. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little-studied aspect of European constitutionalism.