New Challenges to Constitutional Adjudication in Europe

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Publisher : Routledge
ISBN 13 : 1351674749
Total Pages : 324 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis New Challenges to Constitutional Adjudication in Europe by : Zoltán Szente

Download or read book New Challenges to Constitutional Adjudication in Europe written by Zoltán Szente and published by Routledge. This book was released on 2018-03-09 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends. This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.

Populist Challenges to Constitutional Interpretation in Europe and Beyond

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Publisher : Routledge
ISBN 13 : 1000386228
Total Pages : 309 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Populist Challenges to Constitutional Interpretation in Europe and Beyond by : Fruzsina Gárdos-Orosz

Download or read book Populist Challenges to Constitutional Interpretation in Europe and Beyond written by Fruzsina Gárdos-Orosz and published by Routledge. This book was released on 2021-05-03 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

The Max Planck Handbooks in European Public Law

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Publisher : Oxford University Press
ISBN 13 : 0192846698
Total Pages : 721 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis The Max Planck Handbooks in European Public Law by : Armin von Bogdandy

Download or read book The Max Planck Handbooks in European Public Law written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2023-05-04 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and specific approach to constitutional issues throughout the Continent. The fourth volume now compares European constitutional jurisdiction in the European legal space. It examines the structures of the organization, the appointment of judges, the procedures and the methods of argumentation and interpretation, their impact on state and society, their legitimacy as well as their role in the division of powers, and thus completes the picture following the country reports in Volume III. This comparative perspective is supplemented by an examination that illustrates the relationship with the ECJ, the ECtHR, and the Venice Commission as well as their (constitutional) function. Finally, Constitutional Adjudication: Common Themes and Challenges is devoted to the challenges constitutional jurisdiction in the European judicial area is currently facing. The historical, political, and theoretical foundations as well as the basic dogmatic features of constitutional jurisdiction are presented in such a way that the discussion about its role and further development in this legal space is sustainably stimulated.

Mission Accomplished

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Publisher : Central European University Press
ISBN 13 : 9639241512
Total Pages : 358 pages
Book Rating : 4.6/5 (392 download)

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Book Synopsis Mission Accomplished by : Radoslav Proch zka

Download or read book Mission Accomplished written by Radoslav Proch zka and published by Central European University Press. This book was released on 2002-01-01 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines constitutional jurisdiction in the so-called Visegrad Four: Poland, Hungary, the Czech Republic and Slovakia. The creation of constitutional courts was one of the major milestones in the re-creation of the democratic system in these countries. In Europe constitutional courts exert much of the functions of the Supreme Court of the US. However, the immediate western European samples showed marked differences, which is why besides similarities, the theory and practice of constitutional law show differences in these four countries. Prochazka analyses and explains these similarities and differences. Mission Accomplished contributes to the literature on comparative constitutional law by offering insights into the constitutional discourses that go beyond the discussion of notorious cases and events in these four countries. Prochazka argues that the various historical, cultural, socio-psychological, political and institutional contexts have translated into different modes of constitutional adjudication and interpretation."

Constitutional Review in Europe

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Publisher : A&C Black
ISBN 13 : 1782252452
Total Pages : 720 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Constitutional Review in Europe by : Maartje De Visser

Download or read book Constitutional Review in Europe written by Maartje De Visser and published by A&C Black. This book was released on 2014-07-18 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'être, jurisdiction and composition of constitutional courts are explored and so too are core features of the constitutional adjudicatory process. Yet, this book also deliberately draws attention to the role of non-judicial actors in upholding the Constitution, as well as the complex interplay amongst constitutional courts and other actors at the national and European level. The Member States featured are: Belgium, the Czech Republic, Finland, France, Germany, Italy, Hungary, the Netherlands, Spain, Poland, and the United Kingdom. This book is intended for practitioners, academics and students with an interest in (European) constitutional law.

Europe's Constitutional Challenges in the Light of the Recent Case Law of National Constitutional Courts

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Publisher : Nomos Verlagsgesellschaft Mbh & Company
ISBN 13 : 9783832967246
Total Pages : 415 pages
Book Rating : 4.9/5 (672 download)

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Book Synopsis Europe's Constitutional Challenges in the Light of the Recent Case Law of National Constitutional Courts by : José María Beneyto

Download or read book Europe's Constitutional Challenges in the Light of the Recent Case Law of National Constitutional Courts written by José María Beneyto and published by Nomos Verlagsgesellschaft Mbh & Company. This book was released on 2011 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contains contributions to an international conference held in Madrid in October 2010. It is based on the view that the European Union and its constitutional law cannot be isolated from its Member States and their respective constitutions, which are part of European constitutional law, and that the case law of the national courts, in particular the constitutional and supreme courts of the Member States, needs to be considered as much as the jurisprudence of the European Court of Justice. It is important to give particular attention to the relevant national constitutional courts' jurisprudence when analyzing European constitutional law. The book demonstrates the seriousness and theoretical depth of the thoughts developed by these courts to grasp the EU's construction and its relation to the Member States, the concepts of primacy of European law, sovereignty and national identity, democracy, and citizens' rights. The comparison of recent case law of the constitutional and supreme courts shows great divergences in concepts and terms, but it makes visible also an emerging dialogue among the courts. (Series: European Constitutional Law Network - Vol. 8)

Rights Before Courts

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Publisher : Springer
ISBN 13 : 9401789355
Total Pages : 470 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Rights Before Courts by : Wojciech Sadurski

Download or read book Rights Before Courts written by Wojciech Sadurski and published by Springer. This book was released on 2014-05-26 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.

Constitutional Justice, East and West

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Publisher : Springer Science & Business Media
ISBN 13 : 9789041118837
Total Pages : 472 pages
Book Rating : 4.1/5 (188 download)

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Book Synopsis Constitutional Justice, East and West by : Wojciech Sadurski

Download or read book Constitutional Justice, East and West written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2002-12-31 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.

Europe's Constitutional Challenges in the Light of the Recent Case Law of National Constitutional Courts

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Publisher :
ISBN 13 : 9783845233109
Total Pages : 0 pages
Book Rating : 4.2/5 (331 download)

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Book Synopsis Europe's Constitutional Challenges in the Light of the Recent Case Law of National Constitutional Courts by : José María Beneyto Pérez

Download or read book Europe's Constitutional Challenges in the Light of the Recent Case Law of National Constitutional Courts written by José María Beneyto Pérez and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Courts and Democratic Values

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Publisher : Yale University Press
ISBN 13 : 0300148682
Total Pages : 254 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Constitutional Courts and Democratic Values by : Víctor Ferreres Comella

Download or read book Constitutional Courts and Democratic Values written by Víctor Ferreres Comella and published by Yale University Press. This book was released on 2009-12-01 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Víctor Ferreres Comella contrasts the European 'centralised' constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralised model such as that of the United States, in which courts deal with both constitutional and non-constitutional questions.

Dialogues on Italian Constitutional Justice

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Publisher : Routledge
ISBN 13 : 1000217477
Total Pages : 407 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Dialogues on Italian Constitutional Justice by : Vittoria Barsotti

Download or read book Dialogues on Italian Constitutional Justice written by Vittoria Barsotti and published by Routledge. This book was released on 2021-04-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context. The work presents six distinct areas of particular interest from a comparative constitutional perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general. Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.

National Courts and EU Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1783479906
Total Pages : 288 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis National Courts and EU Law by : Bruno de Witte

Download or read book National Courts and EU Law written by Bruno de Witte and published by Edward Elgar Publishing. This book was released on 2016-06-24 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.

Constitutional Jurisprudence

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Publisher : Nomos Verlag
ISBN 13 : 3845247371
Total Pages : 347 pages
Book Rating : 4.8/5 (452 download)

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Book Synopsis Constitutional Jurisprudence by : Henning Glaser

Download or read book Constitutional Jurisprudence written by Henning Glaser and published by Nomos Verlag. This book was released on 2016-03-03 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nachdem sich die spezialisierte Verfassungsgerichtsbarkeit nach kontinentaleuropäischem Vorbild in den letzten zwei Jahrzehnten außerhalb des angelsächsischen Rechtskreises global weitgehend durchgesetzt hat, haben Verfassungsgerichte in den unterschiedlichsten Verfassungsordnungen zunehmend Fragen mit weit reichenden politischen Konsequenzen entschieden. Insofern kommt in der Institution Verfassungsgerichtsbarkeit die allgemeine Tendenz einer zunehmenden Verrechtlichung der Politik besonders deutlich zum Tragen. Damit ist die Rolle und Performanz von Verfassungsgerichten in der praktischen Debatte zum Teil heftigen Herausforderungen ausgesetzt und im akademischen Diskurs zu einem der interessantesten Themenfelder der letzten Jahre geworden. Trotz der gemeinsamen Wurzel unterscheiden sich die einzelnen Verfassungsgerichte teilweise erheblich hinsichtlich ihrer Rolle im Verfassungsgefüge, den ihnen durch die Verfassung zugemessenen Aufgaben, so wie praktisch ihrem tatsächlichen Einfluss und ihrer Performanz. Im Rahmen dieser Aspekte widmen sich die im vorliegenden Band versammelten Beiträge unter anderem Fragen wie der Konstitutionalisierung der Rechtsordnung durch die Verfassungsgerichtsbarkeit und ihrer wachsenden Politisierung. Die Beiträge beziehen sich auf die Verfassungsrechtsordnungen in Deutschland, Kambodscha, Kroatien, Indonesien, Japan, Pakistan, Polen, Spanien, Südkorea, Taiwan und Vietnam. Unter ihnen sind auch drei Beiträge, die das Phänomen aus der praktischen Perspektive von amtierenden bzw. ehemaligen Verfassungsrichtern beleuchten. Mit Beiträgen von: Slavica Banic (Richterin, Verfassungsgericht, Kroatien), Byung-Song Cho (Öffentliches Recht, Cheongju Univ., Südkorea), Jong-ik Chon (Öffentliches Recht, Seoul National Univ., Südkorea), Ingwer Ebsen (Öffentliches Recht, Univ. Frankfurt a.M., Deutschland), Robert Esser (Deutsches, Europäisches und Internationales Strafrecht, Univ. Passau, Deutschland), Yasuo Hasebe (Öffentliches Recht, Tokyo Univ., Japan), Matthias Jestaedt (Öffentliches Recht, Univ. Freiburg, Deutschland), Bartosz Makowicz (Öffentliches Recht, Europa Univ. Viadrina, Deutschland), Van Quang Nguyen (Öffentliches Recht, Hanoi Law University, Vietnam), Javier Garcia Roca (Öffentliches Recht, Complutense Univ. Madrid, Spanien), Osama Siddique (Verfassungsrecht, Lahore Univ. of Management Sciences, Pakistan), Son Soubert (Privy Councillor to His Majesty the King of Cambodia, Kambodscha), Heru Susetyo (Öffentliches Recht, Univ. Indonesia, Indonesien), Miroslaw Wyrzykowski (Öffentliches Recht, Univ. Warschau, Polen), Jiunn-rong Yeh (Öffentliches Recht, National Taiwan Univ., Taiwan)

The Struggle for Constitutional Justice in Post-Communist Europe

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Publisher : University of Chicago Press
ISBN 13 : 0226741966
Total Pages : 368 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Struggle for Constitutional Justice in Post-Communist Europe by : Herman Schwartz

Download or read book The Struggle for Constitutional Justice in Post-Communist Europe written by Herman Schwartz and published by University of Chicago Press. This book was released on 2000 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the former Eastern Bloc countries, one of the most difficult and important aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law. Herman Schwartz's wide-ranging book, backed with rich historical detail and a massive array of research, is the first to chronicle and analyze the rise and troubles of constitutional courts in this changing region. "Those who are interested in understanding the behavior of constitutional courts in transitional regimes cannot afford to ignore this important book. . . . [It] is fecund with hypotheses of interest to political scientists, and we are indebted to Professor Schwartz for his comprehensive analysis."—James L. Gibson, Law and Politics Book Review

Constitutional Conversations in Europe

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Publisher :
ISBN 13 : 9781780680699
Total Pages : 0 pages
Book Rating : 4.6/5 (86 download)

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Book Synopsis Constitutional Conversations in Europe by : Monica Claes

Download or read book Constitutional Conversations in Europe written by Monica Claes and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between national constitutional courts and the European Court of Justice (CJEU) is increasingly cast in terms of communication, understood as having a constructive connotation, and as an alternative to the prior and more destructive language of guerre des juges, conflict and revolt. This change in approach fits in the transformation of the wider conceptual framework within which the relationship between European and national legal orders is understood and the rise of the 'pluralist movement.' Judicial conversations between national constitutional courts and the CJEU offer a unique object for academic research on 'constitutional pluralism' and transnational relations in a new world order. This book provides a critical examination of the normative, empirical, and contextual aspects of such judicial conversations. It first addresses the appropriateness of conceiving as conversations the interactions between the CJEU and constitutional courts. This is followed by an exploration of the avenues for, and contents of, judicial engagements between both sets of courts. Lastly, the book focuses on the ordinary national courts and the European Court of Human Rights - as the other main judicial interlocutors of the CJEU and constitutional courts - from a conversational angle. Constitutional Conversations in Europe makes a valuable contribution to the ongoing academic discourse on the relationship between the CJEU and national constitutional courts by explaining their current attitudes to transnational conversations and by identifying potential catalysts for future changes. (Series: Ius Commune Europaeum - Vol. 107)

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.

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

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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.