Human rights in a multilevel constitutional area

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Author :
Publisher : Editions L'Harmattan
ISBN 13 : 2140091515
Total Pages : 250 pages
Book Rating : 4.1/5 (4 download)

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Book Synopsis Human rights in a multilevel constitutional area by : Nóra Chronowski

Download or read book Human rights in a multilevel constitutional area written by Nóra Chronowski and published by Editions L'Harmattan. This book was released on 2018-05-24 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: No constitutional question is worthwhile to discuss through the prism of solely the national legal system. Our understanding of backsliding and perils challenging liberal constitutionalism should move ahead. For that purpose, the multilevel approach of this book provides thorough analysis on certain current global, European and Hungarian issues in the field of human rights protection. Business and human rights at the global stage, common fundamental rights standards and their enforcement in the European legal space, and the rule by law constitutionalism of Hungary.

Human Rights in a Multilevel Constitutional Area

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Author :
Publisher :
ISBN 13 : 9782336842547
Total Pages : pages
Book Rating : 4.8/5 (425 download)

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Book Synopsis Human Rights in a Multilevel Constitutional Area by : Chronowski Nora Chronowski

Download or read book Human Rights in a Multilevel Constitutional Area written by Chronowski Nora Chronowski and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Access to Justice in a Multilevel Constitutional System, Protecting Human Rights

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Author :
Publisher : Giappichelli
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.2/5 (211 download)

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Book Synopsis Access to Justice in a Multilevel Constitutional System, Protecting Human Rights by : RANDAZZO BARBARA

Download or read book Access to Justice in a Multilevel Constitutional System, Protecting Human Rights written by RANDAZZO BARBARA and published by Giappichelli. This book was released on 2024-04-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Multilevel Constitutionalism for Multilevel Governance of Public Goods

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909125
Total Pages : 415 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Multilevel Constitutionalism for Multilevel Governance of Public Goods by : Ernst Ulrich Petersmann

Download or read book Multilevel Constitutionalism for Multilevel Governance of Public Goods written by Ernst Ulrich Petersmann and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first legal monograph analysing multilevel governance of global 'aggregate public goods' (PGs) from the perspective of democractic, republican and cosmopolitan constitutionalism by using historical, legal, political and economic methods. It explains the need for a 'new philosophy of international law' in order to protect human rights and PGs more effectively and more legitimately. 'Constitutional approaches' are justified by the universal recognition of human rights and by the need to protect 'human rights', 'rule of law', 'democracy' and other 'principles of justice' that are used in national, regional and UN legal systems as indeterminate legal concepts. The study describes and criticizes the legal methodology problems of 'disconnected' governance in UN, GATT and WTO institutions as well as in certain areas of the external relations of the EU (like transatlantic free trade agreements). Based on 40 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and of simultaneous academic teaching, this study develops five propositions for constituting, limiting, regulating and justifying multilevel governance for the benefit of citizens and their constitutional rights as 'constituent powers', 'democratic principals' and main 'republican actors', who must hold multilevel governance institutions and their limited 'constituted powers' legally, democratically and judicially more accountable.

The Role of Constitutional Courts in Multilevel Governance

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Author :
Publisher :
ISBN 13 : 9781780681061
Total Pages : 0 pages
Book Rating : 4.6/5 (81 download)

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Book Synopsis The Role of Constitutional Courts in Multilevel Governance by : Patricia Popelier

Download or read book The Role of Constitutional Courts in Multilevel Governance written by Patricia Popelier and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional review has not only expanded geographically, it has also expanded in its mission and function, acquiring new subject areas and new roles and responsibilities. In examining these new roles and responsibilities, this collection of essays reflects on constitutional review as an aspect of constitutionalism framed in the context of multilevel governance. Bringing together a number of remarkable, yet varied, contributions, the book explores how institutional changes of multilevel governance have transformed the notion, shape, and substance of constitutional review. To this end, four key roles, both new and old, are identified: 1) courts act as guardians of fundamental rights, 2) they oversee the institutional balance, 3) they provide a deliberative forum, and 4) they assume the function of a regulatory watchdog. The book explores these different roles played by national and European courts, and it examines the challenges brought about by the involvement in multilevel networks and the shift to new concepts of governance. (Series: Law and Cosmopolitan Values - Vol. 3)

Accommodating Diversity in Multilevel Constitutional Orders

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Author :
Publisher : Routledge
ISBN 13 : 9781032409801
Total Pages : 0 pages
Book Rating : 4.4/5 (98 download)

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Book Synopsis Accommodating Diversity in Multilevel Constitutional Orders by : Jakob Gasperin Wischhoff

Download or read book Accommodating Diversity in Multilevel Constitutional Orders written by Jakob Gasperin Wischhoff and published by Routledge. This book was released on 2023-07-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

Beyond Constitutionalism

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Publisher : Oxford University Press, USA
ISBN 13 : 0199228310
Total Pages : 383 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Beyond Constitutionalism by : Nico Krisch

Download or read book Beyond Constitutionalism written by Nico Krisch and published by Oxford University Press, USA. This book was released on 2010-10-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

Constitutional Justice

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199267880
Total Pages : 348 pages
Book Rating : 4.2/5 (678 download)

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Book Synopsis Constitutional Justice by : Trevor R. S. Allan

Download or read book Constitutional Justice written by Trevor R. S. Allan and published by Oxford University Press, USA. This book was released on 2003 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scope of Judicial Review

Constitutional Identity in a Europe of Multilevel Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1108480438
Total Pages : 393 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Constitutional Identity in a Europe of Multilevel Constitutionalism by : Christian Calliess

Download or read book Constitutional Identity in a Europe of Multilevel Constitutionalism written by Christian Calliess and published by Cambridge University Press. This book was released on 2019-10-24 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.

The European Union and Human Rights

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Publisher : BRILL
ISBN 13 : 9004482423
Total Pages : 351 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The European Union and Human Rights by : Nanette A. Neuwahl

Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Moments

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Publisher : BRILL
ISBN 13 : 9004549153
Total Pages : 541 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Constitutional Moments by :

Download or read book Constitutional Moments written by and published by BRILL. This book was released on 2024-03-21 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Constitution” is a rich term in Western political culture, encompassing political and juridical doctrine as well as government practices through the ages. This volume examines “constitutional moments” in history, those occasions or episodes when significant steps were taken in the definition or redefinition of polities. Their actors were writers or politicians, rulers or ruled, who found inspiration in a distant past or instead looked towards a future to be drawn anew. This book sheds light on such moments from Ancient Greece to the present day, mostly in Europe but also in the Ottoman world and the Americas, thereby uncovering a revealing variety of constitutional thinking and action throughout history. Contributors are: Jon Arrieta, Niall Bond, Luc Brisson, Peter Cholakov, Nora Chonowski, Angela De Benedictis, F. Sinem Eryilmaz, Hakon Evju, Pablo Fernández Albaladejo, Javier Fernández Sebastián, Merieke Gebhardt, Xavier Gil, Mark J. Hill, Ferenc Hörcher, Jaska Kainulainen, Thomas Lorman, Adriana Luna-Fabritius, Ere Nokkala, Brian Kjaer Olesen, András Pap, Nikola Regent, Alberto Mariano Rodríguez Martínez, Pablo Sánchez León, José Reis Santos, and Ersin Yildiz.

Human Dignity and Democracy in Europe

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1789902843
Total Pages : 288 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Human Dignity and Democracy in Europe by : Bedford, Daniel

Download or read book Human Dignity and Democracy in Europe written by Bedford, Daniel and published by Edward Elgar Publishing. This book was released on 2022-03-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection identifies and discuss the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into the uses of human dignity to promote and challenge ideas of identity and solidarity.

International Economic Law in the 21st Century

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847319815
Total Pages : 574 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis International Economic Law in the 21st Century by : Ernst-Ulrich Petersmann

Download or read book International Economic Law in the 21st Century written by Ernst-Ulrich Petersmann and published by Bloomsbury Publishing. This book was released on 2012-07-24 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.

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.

Sixty Years of European Integration and Global Power Shifts

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509933735
Total Pages : 549 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Sixty Years of European Integration and Global Power Shifts by : Julien Chaisse

Download or read book Sixty Years of European Integration and Global Power Shifts written by Julien Chaisse and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on a review of how sixty years of case-law and regulatory activity transformed the European continent and the world. It provides a critical analysis of the key features of EU integration and how this integration is perceived (internally and externally). In this context, this book also explores the EU's interactions with a number of other countries and organisations with the objective of assessing the EU's role in global governance.

The Principle of Equality in Diverse States

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Publisher : BRILL
ISBN 13 : 9004394613
Total Pages : 460 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Principle of Equality in Diverse States by : Eva Maria Belser

Download or read book The Principle of Equality in Diverse States written by Eva Maria Belser and published by BRILL. This book was released on 2021-05-25 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy. In case studies from four continents, leading experts analyse the challenges of ensuring institutional, social and economic equality whilst respecting the competences of regions and the rights of groups.

Fundamental Rights in Europe

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Publisher : Oxford University Press
ISBN 13 : 0198702043
Total Pages : 340 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Fundamental Rights in Europe by : Federico Fabbrini

Download or read book Fundamental Rights in Europe written by Federico Fabbrini and published by Oxford University Press. This book was released on 2014-02 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the European system for the protection of fundamental rights. The aim is to identify the constitutional dynamics that occur as a result of the interaction between state and transnational human rights standards. Fabbrini compares the European system with the US federal system based on four case studies.