Sub National Constitutional Law In Spain

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Sub-National Constitutional Law in Spain

Author : Agustín Ruiz Robledo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041195319
Total Pages : 238 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Sub-National Constitutional Law in Spain by : Agustín Ruiz Robledo

Download or read book Sub-National Constitutional Law in Spain written by Agustín Ruiz Robledo and published by Kluwer Law International B.V.. This book was released on 2018-03-26 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of Sub- National constitutional law in Spain provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Spain will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Constitutional Law in Spain

Author : Agustín Ruiz Robledo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403536861
Total Pages : 338 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Constitutional Law in Spain by : Agustín Ruiz Robledo

Download or read book Constitutional Law in Spain written by Agustín Ruiz Robledo and published by Kluwer Law International B.V.. This book was released on 2023-04-20 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Spain provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Spain will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Routledge Handbook of Subnational Constitutions and Constitutionalism

Author : Patricia Popelier
Publisher : Routledge
ISBN 13 : 1000406687
Total Pages : 501 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Routledge Handbook of Subnational Constitutions and Constitutionalism by : Patricia Popelier

Download or read book Routledge Handbook of Subnational Constitutions and Constitutionalism written by Patricia Popelier and published by Routledge. This book was released on 2021-09-21 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a toolbox of definitions and typologies to develop a theory of multilevel constitutionalism and subnational constitutions. The volume examines systems with subnational entities that have full subnational constituent autonomy and systems where subnational constituent powers, while claimed by subnational governments, are incomplete or non-existent. Understanding why complete subnational constituent power exists or is denied sheds significant light on the status and functioning of subnational constitutions. The book deals with questions of how constitutions at multiple levels of a political system can co-exist and interact. The term ‘multilevel constitutionalism’, recognized as explaining how a supranational European constitution can exist alongside those of the Member States, is now used to capture dynamics between constitutions at the national, subnational and, where applicable, supranational levels. Broad in scope, the book encompasses many different types of multi-tiered systems world-wide to map the possible meanings, uses and challenges of subnational or state constitutions in a variety of political and societal contexts. The book develops the building blocks of an explanatory theory of subnational constitutionalism and as such will be an essential reference for all those interested in comparative constitutional law, federalism and governance.

Federalism, Subnational Constitutions, and Minority Rights

Author : G. Alan Tarr
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313051909
Total Pages : 256 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Federalism, Subnational Constitutions, and Minority Rights by : G. Alan Tarr

Download or read book Federalism, Subnational Constitutions, and Minority Rights written by G. Alan Tarr and published by Bloomsbury Publishing USA. This book was released on 2004-08-30 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems. This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.

Constitutional Dynamics in Federal Systems

Author : Michael Burgess
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773539549
Total Pages : 353 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Constitutional Dynamics in Federal Systems by : Michael Burgess

Download or read book Constitutional Dynamics in Federal Systems written by Michael Burgess and published by McGill-Queen's Press - MQUP. This book was released on 2012 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: How sub-national constitutions influence constitutional change and adaptation in federations.

Interlocking Constitutions

Author : Luis I Gordillo
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319335
Total Pages : 410 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Interlocking Constitutions by : Luis I Gordillo

Download or read book Interlocking Constitutions written by Luis I Gordillo and published by Bloomsbury Publishing. This book was released on 2012-04-25 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.

The Spanish Constitution

Author : Spain
Publisher :
ISBN 13 :
Total Pages : 220 pages
Book Rating : 4.:/5 (9 download)

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Book Synopsis The Spanish Constitution by : Spain

Download or read book The Spanish Constitution written by Spain and published by . This book was released on 1972 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Subnational Constitutionalism

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

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Book Synopsis Subnational Constitutionalism by : Giacomo Delledonne

Download or read book Subnational Constitutionalism written by Giacomo Delledonne and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Which is the meaning of constitutional review for a proper assessment of subnational constitutionalism? The essay tries to answer this question by means of comparative analysis. To do so, it considers both federal systems (the United States and Germany) and regional or autonomic systems (Italy and Spain). The analysis of organs and procedures allows to draw some conclusions: the presence of a system of constitutional review at the subnational level is a crucial element for the development of an autonomous, well-grown subnational constitutional law. However, subnational constitutional courts tend to have a more complicated relation with legislative and executive bodies, as less guarantees of independence or court-overturning amendments show. Finally, subnational constitutional courts tend to develop a quite interesting case law, whose experimental features sometimes anticipate major judicial trends.

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

Author : Anneli Albi
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.

Subnational Authorities in EU Law

Author : Michèle Finck
Publisher : Oxford University Press
ISBN 13 : 019881089X
Total Pages : 241 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Subnational Authorities in EU Law by : Michèle Finck

Download or read book Subnational Authorities in EU Law written by Michèle Finck and published by Oxford University Press. This book was released on 2017 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role and status of local and regional authorities (also referred to as 'subnational authorities' or 'SNAs') in European Union law, and reveals the existence of two parallel yet opposed constitutional imaginations of the supranational legal order. Through a survey of various areas of EU law, including primary and secondary legislation, case law as well as various soft law instruments, Finck introduces two narratives. These are the 'outsider narrative' and the 'insider narrative' that frame these constitutional imaginations. According to the outsider narrative, the structure of the legal order is bi-centric, composed of the member states and the EU only. This narrative envisages SNAs as outsiders of EU law, whose interactions with Union law are merely of an indirect nature. However, in addition to this well-known account of EU law, a parallel yet distinct narrative can be identified according to which SNAs are insiders that entertain direct relations with the European Union and contribute to the substantive development of EU law. It is illustrated that the coexistence of both narratives has wider implications as it points towards a shift in the structure of the European legal order itself, which is transitioning from bi-centricity to polycentricity --Dust jacket.

Sub-State Governance through Territorial Autonomy

Author : Markku Suksi
Publisher : Springer Science & Business Media
ISBN 13 : 3642200486
Total Pages : 717 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis Sub-State Governance through Territorial Autonomy by : Markku Suksi

Download or read book Sub-State Governance through Territorial Autonomy written by Markku Suksi and published by Springer Science & Business Media. This book was released on 2011-07-17 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These elements are used for a comparative analysis of the constitutional law that regulates the position of six currently existing special jurisdictions, the Åland Islands in Finalnd, Scotland in the United Kingdom, Puerto Rico in the United States of America, Hong Kong in China, Aceh in Indonesia and Zanzibar in Tanzania. The current sub-state entities examined can be arranged in relation to Memel in a manner that indicates that Hong Kong and the Åland conform to the typical territorial autonomy, while Puerto Rico and Aceh should probably not be understood as territorial autonomies proper. At the same time, the territorial autonomies can be distinguished from federally organized sub-state entities.

Beyond Constitutionalism

Author : Nico Krisch
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.

The Federalization of Spain

Author : Luis Moreno
Publisher : Routledge
ISBN 13 : 1135275661
Total Pages : 197 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis The Federalization of Spain by : Luis Moreno

Download or read book The Federalization of Spain written by Luis Moreno and published by Routledge. This book was released on 2013-10-11 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the origins of the complex system of devolution and regional home rule that currently shapes and directs the Spanish political process.

Sub National Constitutional Law in South Africa

Author : Rassie Malherbe
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041187642
Total Pages : 216 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Sub National Constitutional Law in South Africa by : Rassie Malherbe

Download or read book Sub National Constitutional Law in South Africa written by Rassie Malherbe and published by Kluwer Law International B.V.. This book was released on 2017-02-24 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of Sub- National constitutional law in South Africa provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in South Africa will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

The Identity of the Constitutional Subject

Author : Michel Rosenfeld
Publisher : Routledge
ISBN 13 : 1135253285
Total Pages : 344 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis The Identity of the Constitutional Subject by : Michel Rosenfeld

Download or read book The Identity of the Constitutional Subject written by Michel Rosenfeld and published by Routledge. This book was released on 2009-10-16 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.

Populist Challenges to Constitutional Interpretation in Europe and Beyond

Author : Fruzsina Gárdos-Orosz
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.

Asymmetry, Multinationalism and Constitutional Law

Author : Maja Sahadžić
Publisher : Routledge
ISBN 13 : 1000173208
Total Pages : 279 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis Asymmetry, Multinationalism and Constitutional Law by : Maja Sahadžić

Download or read book Asymmetry, Multinationalism and Constitutional Law written by Maja Sahadžić and published by Routledge. This book was released on 2020-09-02 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the link between constitutional asymmetry and multinationalism and the effects asymmetry produces on legitimacy and stability in federal and quasi-federal systems. This is done through a structured and exhaustive comparative analysis, covering states in Africa, America, Asia, and Europe. Contrary to traditional federal theory, contemporary scholars have linked constitutional asymmetry with multinational federal systems, by presenting asymmetry as a mechanism for diversity management. This book offers insights on whether and how constitutional asymmetry is linked with multinationalism and looks into the socio-economic, cultural-ideological, historical, and separatist factors that support the emergence of asymmetries. The work also provides a legal analysis of whether constitutional asymmetry is a condition or a threat to legitimacy and stability in federal systems. The book will be essential reading for academics, researchers, and policy-makers in law and political science interested in the fields of constitutional law, federal theory, multinationalism, and minorities.