Judicial Governance and Democracy in Europe

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Publisher : Springer Nature
ISBN 13 : 3031201906
Total Pages : 96 pages
Book Rating : 4.0/5 (312 download)

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Book Synopsis Judicial Governance and Democracy in Europe by : Pablo Castillo-Ortiz

Download or read book Judicial Governance and Democracy in Europe written by Pablo Castillo-Ortiz and published by Springer Nature. This book was released on 2023-03-30 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an Open Access book. Amid the growing debate about models of judicial governance and their relationship to democratic quality, this book offers a systematic and empirical study of this relationship. The book thereby contributes to filling in this gap for the European continent. Taking an interdisciplinary politics and law perspective, and combining empirical and theoretical considerations, the book addresses the important link between democracy and judicial governance. In particular, it provides for three interconnected contributions. First, the book provides for a comprehensive classification of European countries into different models of judicial governance. Second, the book analyses empirically the relationship between the design of judicial governance and the quality of democracy. Third, building on those findings, the book presents policy reflections for the reform and improvement of mechanisms for judicial governance in European countries. The book seeks to refine our knowledge about the relationship between judicial governance and democracy, making an important academic and social contribution. In an era in which many democracies backslide and deconsolidate, it assesses to what extent existing mechanisms for judicial governance have contributed to the stability and quality of democratic systems in which they are implemented. Furthermore, the book puts forward reflections to improve the role of organs for judicial governance in fostering the quality of democracy. Since the book introduces in an accessible form key concepts of Judicial Governance, it will be of interest for the general public as well as academics and students in the fields of Law and Political Science. The book also addresses policy makers, as based on our empirical knowledge about the interaction judicial governance and democracy it puts forward ideas for a design of judicial governance that is more capable of protecting democratic systems of government.

Networking the Rule of Law

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Author :
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409433056
Total Pages : 197 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Networking the Rule of Law by : Dr Daniela Piana

Download or read book Networking the Rule of Law written by Dr Daniela Piana and published by Ashgate Publishing, Ltd.. This book was released on 2015-12-28 with total page 197 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. This volume seeks to improve our understanding of how networks function, the extent to which they matter in the governance of a constitutional democracy and with what consequences networks interact with hierarchical institutions that still exist within the States. The authors also examine the way the networks cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether they are independent of the leadership of their members.

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.

Rule of Law and Democracy

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Author :
Publisher : BRILL
ISBN 13 : 9004184333
Total Pages : 227 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Rule of Law and Democracy by :

Download or read book Rule of Law and Democracy written by and published by BRILL. This book was released on 2010-04-06 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars address the interplay between rule of law and democracy, the most relevant ideals for our present civilisation in the legal and political spheres, at the same time making sense of the different ways in which legal requirements, social commitments, and democratic standards are expected to interweave. Through a reappraisal of the theoretical import of the concepts the contributors provide for a fresh set of inquiries, internal and external, ranging from the State, consolidated and transitional democracies, to interstate, European and global scenarios. Re-orienting the diversity in disciplinary approaches, they converge in tackling disputed empirical and normative questions in-context, and suggest further connections between the rule of law’s potential and the transformations of political arenas. Contributors are Monica Ciobanu, Christian Joerges, Poul Kjaer, Friedrich Kratochwil, Leonardo Morlino, Gianluigi Palombella, and Daniela Piana.

The European Court System and Democratic Governance

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Author :
Publisher : Independent Author
ISBN 13 : 9781805305187
Total Pages : 0 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis The European Court System and Democratic Governance by : Pablo Castillo-Ortiz

Download or read book The European Court System and Democratic Governance written by Pablo Castillo-Ortiz and published by Independent Author. This book was released on 2023-07-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial governance is becoming one of the central topics of political discussion in many European countries. In Spain, the renewal of members of the Consejo General del Poder Judicial-the Spanish judicial council-has in the last years become one of the main elements of tension between government and opposition. Until recently, Finland was an outlier in the Nordic context, but the creation of the National Court Administration has recently ended this situation. In Poland, judicial governance is at the core of a process of rule of law deterioration which has been thoroughly analysed in the academic literature.1 All these cases, though radically different from one another, have something in common. They show the importance that mechanisms for judicial governance are acquiring in contemporary European democracies. They illustrate that these mechanisms are integrated into power dynamics between government and opposition, between branches of government, and even between the national and supranational levels of governance. Contemporary European democracies, both when they are healthy and when they decay, cannot be understood anymore without analysing the role played by institutions such as judicial councils and courts services. This book is precisely about judicial goverance and its relationship with democracy as a system of government. More specifically, this book investigates the relationship between judicial governance and democratic quality. It seeks to make a contribution to our understanding of how different designs of judicial governance relate to the quality of democracy in European countries. Relying on a dataset of 46 European countries, the book uses different methodological tools to investigate this relationship. The analysis underlines the complexity of the relationship between judicial governance and democratic quality in Europe. Such relationships are nuanced, and often differ from country to country..

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.

The Rule of Law in Europe

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Author :
Publisher : Springer Nature
ISBN 13 : 3030560015
Total Pages : 287 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis The Rule of Law in Europe by : María Elósegui

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.

Philosophical Foundations of European Union Law

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Publisher : OUP Oxford
ISBN 13 : 0191652156
Total Pages : 468 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Philosophical Foundations of European Union Law by : Julie Dickson

Download or read book Philosophical Foundations of European Union Law written by Julie Dickson and published by OUP Oxford. This book was released on 2012-10-11 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

Good Governance and the European Union

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Author :
Publisher : Intersentia nv
ISBN 13 : 9050953816
Total Pages : 290 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Good Governance and the European Union by : Deirdre Curtin

Download or read book Good Governance and the European Union written by Deirdre Curtin and published by Intersentia nv. This book was released on 2005 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book approaches the notion of good governance from three different angles. First it establishes whether it is a meaningful notion at all by taking a closer look at the parameters of good governance. Secondly, the authors look at the institutional translation of the criteria of good governance. In a third dimension, the concept may be analysed in relation to a number of substantive issues.

Democracy and Rule of Law in the European Union

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Publisher : Springer
ISBN 13 : 9462650667
Total Pages : 247 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Democracy and Rule of Law in the European Union by : Flora A.N.J. Goudappel

Download or read book Democracy and Rule of Law in the European Union written by Flora A.N.J. Goudappel and published by Springer. This book was released on 2015-12-30 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present collection of essays offers the reader a broad range of original perspectives on democracy and the rule of law in the European Union, approaching the existing policy area from new points of view. Leading experts from different countries and backgrounds focus on how democracy and the rule of law are related to topics like security, pension rights, judicial cooperation and human rights protection. Their expert views are based on a combination of theory and knowledge acquired in their practice as academics or practitioners in the field of European integration.. The issue of the rule of law and democracy is close to the heart of Professor Jaap de Zwaan, a true European, building bridges between countries and peoples. He has written extensively on the subject of European integration. Therefore, this collection of expert views is not only an original and valuable contribution to the literature and discussion on the development and enlargement of the European Union, but at the same time it is a tribute to Jaap de Zwaan, whose academic and diplomatic career can be characterized as always serving “an ever closer Union”. Flora Goudappel is Jean Monnet Professor of EU Trade Law in the Overseas Territories at the Erasmus University Rotterdam and a consultant on European Union law Ernst Hirsch Ballin is Professor of Dutch and European Constitutional Law at Tilburg University and Professor of Human Rights Law at the University of Amsterdam.

Adjudicating New Governance

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Publisher : Routledge
ISBN 13 : 1317658302
Total Pages : 267 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Adjudicating New Governance by : Emilia Korkea-aho

Download or read book Adjudicating New Governance written by Emilia Korkea-aho and published by Routledge. This book was released on 2015-02-11 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages with and advances the current debate on new governance by providing a much-needed analysis of its relationship with the courts. New modes of governance have produced a plethora of instruments and actors at various levels that present a challenge to more traditional forms of command-and-control regulation. In this respect, it is commonly maintained that new governance generally – and political experimentation more broadly – weakens the power of the courts, producing a legitimacy problem for new forms of governance and, perhaps more fundamentally, for law itself. Focusing on the European Union, this book offers a new account of the role of the courts in new governance. Connecting new governance with the conception of deliberative democracy, this book demonstrates how the role of courts has been transformed by the legal and political experimentation currently taking place in the European Union. Drawing on a series of case studies, it is argued that, although deliberations in governance frameworks provide little by way of hard, binding law, these collaborative frameworks nevertheless condition judicial decision making. With far-reaching implications for how we understand the justiciability of ‘soft law’, participation rights, the legitimacy of governance measures, and the role of courts beyond the nation-state, this book argues that, far from undermining the power of the courts, governance regimes assist their functioning. Its analysis will therefore be of considerable interest for lawyers, political scientists and anyone interested in the transformation of the judiciary in the era of new governance.

Strengthen the Judiciary's Independence in Europe!

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Author :
Publisher : BWV Verlag
ISBN 13 : 3830524935
Total Pages : 21 pages
Book Rating : 4.8/5 (35 download)

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Book Synopsis Strengthen the Judiciary's Independence in Europe! by : Peter-Alexis Albrecht

Download or read book Strengthen the Judiciary's Independence in Europe! written by Peter-Alexis Albrecht and published by BWV Verlag. This book was released on 2010-01-01 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: HauptbeschreibungThe Consultative Council of European Judges at the Council of Europe (CCJE) rightly characterized judicial autonomy, that is, the independence of impartiality of the third state power, as a "structured requirement of a state governed by the rule of law" (cf. position no. 8 from no. 10/2007 in the appendix). To do justice to the principle of the separation of powers as an accomplishment of the European Enlightenment, the autonomy of the third power must be subject to the same basic principles throughout Europe as the European Union draws closer together. Until this happens, it.

Judicial Power

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Publisher : Cambridge University Press
ISBN 13 : 1108425666
Total Pages : 411 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Judicial Power by : Christine Landfried

Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

The European Court and Civil Society

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139462350
Total Pages : 260 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The European Court and Civil Society by : Rachel A. Cichowski

Download or read book The European Court and Civil Society written by Rachel A. Cichowski and published by Cambridge University Press. This book was released on 2007-03-08 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.

Judges and Democratization

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000786439
Total Pages : 326 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Judges and Democratization by : B. C. Smith

Download or read book Judges and Democratization written by B. C. Smith and published by Taylor & Francis. This book was released on 2022-11-18 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.

Good Governance in Europe's Integrated Market

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199246083
Total Pages : 394 pages
Book Rating : 4.2/5 (46 download)

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Book Synopsis Good Governance in Europe's Integrated Market by : Christian Joerges

Download or read book Good Governance in Europe's Integrated Market written by Christian Joerges and published by Oxford University Press, USA. This book was released on 2002 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the constitutional and the administrative law dimensions of the developing European market governance, this volume considers the changes which have occurred from the perspective of both legal and social theory.

Democracy and Judicial Reforms in South-East Europe

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Author :
Publisher : Springer
ISBN 13 : 3319044206
Total Pages : 150 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Democracy and Judicial Reforms in South-East Europe by : Cristina Dallara

Download or read book Democracy and Judicial Reforms in South-East Europe written by Cristina Dallara and published by Springer. This book was released on 2014-07-08 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyzes the topic of judicial reforms in four countries of South-East Europe, focusing on two specific factors that have influenced the reforms in the past two decades: the role played by the European Union in light of the east Enlargement process and the legacies of the communist regimes. Specifically, the aim is to account for similarities and differences in the reform paths of Slovenia, Romania, Croatia, and Serbia. In each country, in fact, the influence of the EU policies has been differently mediated by national factors that, broadly conceived, may be considered as expressing the legacies of the past regimes. In some cases, these legacies challenged judicial reforms and inhibited the influence of the EU; in other cases, they were positively overcome by following the route suggested by the EU. Some explanatory factors for these differences will be proposed drawing from democratization studies, Europeanization literature, and comparative judicial systems. The book focuses on countries having different status vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process. vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process.