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Nordic Reflections On Constitutional Law
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Book Synopsis Nordic Reflections on Constitutional Law by : Jaakko Husa
Download or read book Nordic Reflections on Constitutional Law written by Jaakko Husa and published by Peter Lang Pub Incorporated. This book was released on 2002 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author maintains that the Nordic constitutional legal-culture possesses some unique fundamental qualities if compared to common law or Romano-Germanic constitutional systems. The book offers a Nordic comparative perspective on the basic questions of comparative constitutional law. Also, the question of the relationship between judicial review and parliamentary system is explored in the light of Nordic experiences. The author analyses the discussion on the -Constitution of Europe- in its relation to the Nordic constitutional thinking, and evaluates the possible future of the Nordic tradition in the more tightly integrated Europe of tomorrow. Furthermore, Nordic constitutional thinking seems to be in a crossroads of judicial activism and self-restraint. <I>Nordic Reflections on Constitutional Law brings together the latest development in Nordic constitutional law and highlights its possible role in Europe."
Book Synopsis The Nordic Constitutions by : Helle Krunke
Download or read book The Nordic Constitutions written by Helle Krunke and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book analyses the Nordic constitutional systems of Denmark, Finland, Iceland, Norway and Sweden in a comparative context. It has two main aims: first to fill a gap in the literature by providing an accessible English language account of the Nordic constitutions, and second to provide a comparative analysis of them, revealing their similarities and differences within their political, historical and cultural contexts. In this respect, the book challenges the assumption that the Nordic countries form a homogeneous constitutional system due to their cultural and historical affinities, a view not necessarily supported by a close comparative examination. A key issue is EU membership - where the Nordic countries have made different choices at different times - and the book will show how this has affected the individual countries and whether a divide between EU member states (Denmark, Finland and Sweden) and non-members (Iceland and Norway) has appeared. Another key issue is how the ECHR has impacted the Nordic constitutional systems and whether the convention draws the Nordic systems closer to each other. The book represents a first of its kind in the English language, and will provide constitutional scholars with a valuable comparative resource on the Nordic region."--
Book Synopsis Nordic And Other European Constitutional Traditions by : Joakim Nergelius
Download or read book Nordic And Other European Constitutional Traditions written by Joakim Nergelius and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides new insights based on perspectives from Member States such as Germany and Italy as well as the Nordic Countries. It also deals with European legal and philosophical heritage in general, as well as special issues like closer cooperation among 'Core States' and the role of the Court of Justice in recent EC law development.
Book Synopsis The Nordic Constitutions by : Helle Krunke
Download or read book The Nordic Constitutions written by Helle Krunke and published by Bloomsbury Publishing. This book was released on 2018-08-23 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the Nordic constitutional systems of Denmark, Finland, Iceland, Norway and Sweden in a comparative context. It has two main aims: first to fill a gap in the literature by providing an accessible English language account of the Nordic constitutions, and second to provide a comparative analysis of them, revealing their similarities and differences within their political, historical and cultural contexts. In this respect, the book challenges the assumption that the Nordic countries form a homogeneous constitutional system due to their cultural and historical affinities, a view not necessarily supported by a close comparative examination. A key issue is EU membership –where the Nordic countries have made different choices at different times – and the book will show how this has affected the individual countries and whether a divide between EU member states (Denmark, Finland and Sweden) and non-members (Iceland and Norway) has appeared. Another key issue is how the ECHR has impacted the Nordic constitutional systems and whether the convention draws the Nordic systems closer to each other. The book represents a first of its kind in the English language, and will provide constitutional scholars with a valuable comparative resource on the Nordic region.
Book Synopsis Constitutionalism by : Joakim Nergelius
Download or read book Constitutionalism written by Joakim Nergelius and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has its roots in a conference on recent developments in Nordic and German constitutional law that took place in Berlin in 2002 at the Nordic Cultural Centre.That conference was organised within the project "Konstitutionalism, demokrati och den nordiska valfardsstaten" (Constitutionalism, Democracy and the Nordic Welfare State), financed by the Joint Committee for Nordic Research Councils for the Humanities and the Social Sciences (NOS-HS). The volume contains the edited and updated papers which emerged from this meeting of minds. They offer insight into some of the new, exciting strands of constitutional thought that are currently present in the Nordic doctrine, where many new paths have been opened in recent years. The contrast with the situation two decades ago is indeed striking. As far as German and European law are concerned, some of the most important theoretical issues in the doctrine are analysed in a number of particularly rewarding and inspiring contributions.
Book Synopsis Constitutional Review in Western Europe by : Kálmán Pócza
Download or read book Constitutional Review in Western Europe written by Kálmán Pócza and published by Taylor & Francis. This book was released on 2024-04-16 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. Yet the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre has never been examined accurately and systematically. This volume fills this gap in the literature. To explore the diversity and measure the strength of judicial decisions, the authors have elaborated a new methodology that is intended to give a more nuanced picture of the practice of constitutional adjudication in Europe. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on Western Europe and a short summary of the methodology of the project. This is followed by 11 country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further ten countries are explored in the counterpart volume to this book: Constitutional Review in Central and Eastern Europe: Judicial-Legislative Relations in Comparative Perspective. The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.
Book Synopsis Against the New Constitutionalism by : Tamas Gyorfi
Download or read book Against the New Constitutionalism written by Tamas Gyorfi and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the Second World War, a new constitutional model has emerged worldwide that gives a pivotal role to judges. Against the New Constitutionalism challenges this reigning paradigm and develops a distinctively liberal position against strong constitutional review that puts the emphasis on epistemic considerations. The author considers whether the minimalist judicial review of Nordic countries is more in line with the best justification of the institution than the Commonwealth model that occupies a central place in contemporary constitutional scholarship.
Book Synopsis Nordic Law in European Context by : Pia Letto-Vanamo
Download or read book Nordic Law in European Context written by Pia Letto-Vanamo and published by Springer. This book was released on 2018-12-12 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nordic law is often referred to as something different from other legal systems. At the same time, it is a common belief that the Nordic countries share more or less the same legal tradition and are very similar in their approach to the law. Considering both of these points of view, the book tells a story of how Nordic law and Nordic legal thinking differ from other legal systems, and how there are many particularities in the law of each of the Nordic countries, making them different from each other. The idea of “Nordic” law also conceals national features. The basic premise of the book is that even if, strictly speaking, there is no such thing as a Nordic common law, it still makes sense to speak of “Nordic” law, and that acquiring a more-than-basic knowledge of this law is interesting not only for comparative lawyers, but also helpful for those working with Nordic lawyers and dealing with questions involving law in the Nordic countries.
Book Synopsis Nordic Health Law in a European Context by : Elisabeth Rynning
Download or read book Nordic Health Law in a European Context written by Elisabeth Rynning and published by BRILL. This book was released on 2011-12-21 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology aims to provide Nordic perspectives on the young and evolving field of health law – or biomedical law – by reflecting on issues that have been explored within the activities of the Nordic Network for Research in Biomedical Law. In the emergence of this fairly new legal discipline, it has become very clear that the Nordic region forms a part of Europe that has been strongly influenced by both hard and soft law initiatives from the European Union and the Council of Europe, but also that Nordic identity, culture, and collaboration clearly remain an important factor in the legal development of this particular region. The book is divided thematically into three sections. The first deals with foundational and general issues of health law, the second with patients’ rights, and the third with issues related to advancements in biomedical science. Part One includes two chapters on the relationship between health law and human rights, together with discussions on specific Nordic approaches to the organisation and regulation of health services, to constitutional protection of the right to health and to the legal discipline of health law, as such. One chapter provides an overview of the mission and tasks of the Nordic Committee on Bioethics. The section on patient’s rights deals with the development – or absence – of special legislation on the status of patients, but also with issues of coercive care and of cultural accommodation in health services, as well as the implications that assessments and decisions made in health care services may have for the patient’s right to other entitlements, e.g. sickness benefits. In the third section, on biomedical science, one author explores the concept of human dignity while another discusses the challenges facing European integration of biomedical research regulation. Specific topics, such as different approaches to biobank regulation and genetic privacy in family relations, are also addressed, and, in the final chapter, the legal status of deceased foetuses. While the volume provides Nordic perspectives on health law, the issues discussed are general. The book should therefore be of great interest not only to readers wanting a better understanding of the Nordic situation, but also to anyone with an interest in the challenging health law issues facing society in our time. The authors are members of the Nordic Network for Research in Biomedical Law.
Book Synopsis The Constitution of Finland by : Jaakko Husa
Download or read book The Constitution of Finland written by Jaakko Husa and published by Bloomsbury Publishing. This book was released on 2010-11-30 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the living Constitution of Finland, with an emphasis on constitutional history, culture, and practice. 'Culture' here refers to the cognitive long-term social or mental structure which makes it possible for politicians, civil servants, judges, and lawyers to grasp the constitutional environment in which they exist. Finland is a small modern, democratic Nordic country with a politically stable welfare system and a constitutional history dating back to the 1700s which contains remnants of Swedish rule, Russian rule, and the period of independence since 1917. It also contains several inner tensions: parliamentarism versus presidentialism, a high level of constitutionalism versus a virtual lack of constitutional judicial review, and a formally rigid but actually flexible constitution. The book offers a realistic but critical overview of the Finnish constitution, while also discussing fundamental questions about the very nature of constitution and constitutionalism. In addition, the constitutional effect of the EU and the European Convention on Human Rights are discussed and, where appropriate, a specific comparative dimension is added. The book is written in an uncomplicated manner and is aimed at those not familiar with the system, providing an introduction and first orientation without excessive detail. Each chapter concludes with a list of further reading and relevant websites.
Book Synopsis Judicial Cosmopolitanism by : Giuseppe Franco Ferrari
Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
Book Synopsis Rethinking Nordic Courts by : Laura Ervo
Download or read book Rethinking Nordic Courts written by Laura Ervo and published by Springer Nature. This book was released on 2021-08-01 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.
Book Synopsis The Max Planck Handbooks in European Public Law: Volume I: The Administrative State by : Sabino Cassese
Download or read book The Max Planck Handbooks in European Public Law: Volume I: The Administrative State written by Sabino Cassese and published by Oxford University Press. This book was released on 2017-07-25 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law series describes and analyses 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 make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.
Book Synopsis Rule of law and public digitalisation: – pilot project by : Motzfeldt, Hanne Marie
Download or read book Rule of law and public digitalisation: – pilot project written by Motzfeldt, Hanne Marie and published by Nordic Council of Ministers. This book was released on 2021-02-04 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available online: https://pub.norden.org/temanord2021-502/ The Nordic Council of Ministers has noted the call from the UN to take measures in order to secure the fundamental values of rule of law and democracy in relation to public digitalisation and to consider the growing influence of the tech industry on public administration in the digital welfare states. The shared Nordic values of democracy, rule of law and trust between citizens and authorities, should be carried further into the digital age. Therefore, the Nordic Council of Ministers has initiated a pilot project that identify relevant themes and initiatives on the basis of input and information from public authorities and supervisory bodies in Norway, Sweden, The Faeroe Islands, Finland and Denmark. The team behind the report assesses that there is a need to: - strengthen the exchange of knowledge regarding investigations, reflections and case law of supervisory bodies in the Nordic and Baltic countries - identify and analyse the legal framework related to constitutional law and human rights for public sector digitisation, and to evaluate whether present administrative law provides sufficient support for compliance within these parameters - study the effects of digitisation on governance, control and liability structures in the field of public administration, possibly including the court administration - investigate the direction of the legislative development, clarify the underlying considerations and interests and assess this development in light of the values of legal certainty and rule of law - integrate legal research as an element of projects related to public digitisation within Nordic research programmes The Nordic Council of Ministers will now consider how it can support using the opportunities offered by digitisation so that they safeguard the shared Nordic values.
Book Synopsis Making Peoples Heard by : Asbjørn Eide
Download or read book Making Peoples Heard written by Asbjørn Eide and published by BRILL. This book was released on 2011-06-22 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading theme in this impressive collection of essays in honour of Professor Gudmundur Alfredsson is the advancement of international rules and mechanisms to empower individuals, groups and peoples everywhere to pursue their rights nationally, regionally and internationally. The book deals with the many areas of international law and national policies and practices in which important progress has been made since the adoption of the Universal Declaration of Human Rights for better protection of human rights in the modern world. It equally provides a critical discussion of the difficulties and failures in various areas and probes questions and issues that are pending solution at the national, regional or universal levels. The book begins with the examination by several authors from their different perspectives (general international law, international human rights law and humanitarian law) of the existence and meaning of the right to peace. Subsequent chapters examine in detail the standard setting, monitoring and other ways of ensuring compliance by States and international organizations with the applicable human rights rules. A special chapter is devoted to the rights of indigenous peoples and minorities, an issue of particular interest and concern to Gudmundur Alfredsson. The contributors are academics or practitioners in the field of international law and human rights, nearly all of whom having in their own work been closely associated with Professor Alfredsson's various projects aimed at the promotion and protection of human rights. "This is a remarkable book, written by insiders for one of the most prominent players in the international human rights system, particularly at the UN level. It can serve as a genuine commentary on many of the most burning issues within that system, ranging from the performance of the UN Human Rights Council and the situation of "UNmikistan" (Kosovo) to the latest developments of the law on minorities and indigenous peoples, both at the global and regional level." H.E. Judge Bruno Simma, International Court of Justice.
Book Synopsis Judicial Dialogue and Human Rights by : Amrei Müller
Download or read book Judicial Dialogue and Human Rights written by Amrei Müller and published by Cambridge University Press. This book was released on 2017-05-25 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.
Book Synopsis The Limits of the Legal Complex by : Malcolm Feeley
Download or read book The Limits of the Legal Complex written by Malcolm Feeley and published by Oxford University Press. This book was released on 2021 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which all lawyers can lend their support. Leading scholars claim that when one finds struggles against political repression, politics of the Legal Complex are frequently part of that struggle. One glaring omission in this research program is the Nordic region. This insightful volume provides a comprehensive account of the history and politics of lawyers of the last 200 years in the Nordic countries: Norway, Sweden, Denmark, Finland, and Iceland. Topping most global indexes of core civil rights, these states have been found to contain few to no visible legal complexes. Where previous studies have characterized lawyers as stewards and guardians of the law that seek to preserve its semi-autonomous nature, these legal complexes have emerged in a manner that challenges the standard narrative. This book offers rational choice and structuralist explanations for why and when lawyers mobilise collectively for political liberalism. In each country analysis, authors place lawyers in nineteenth century state transformation and emerging constitutionalism, followed by expanding democracy and the welfare state, the challenge of fascism and world war, the tensions of the Cold War, and the latter-day rights revolutions. These analyses are complemented by a comprehensive comparative introduction, and a concluding reflection on how the theory of the legal complex might be recast, making The Limits of the Legal Complex an invaluable resource for scholars and practitioners alike.
