The Constitution Of Romania

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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.

The Constitution of Romania

Author : Bianca Selejan-Gutan
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259589
Total Pages : 246 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Constitution of Romania by : Bianca Selejan-Gutan

Download or read book The Constitution of Romania written by Bianca Selejan-Gutan and published by Bloomsbury Publishing. This book was released on 2016-04-21 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: In December 1989, Romania became the last Eastern European communist country to break with its communist dictatorship, the most powerful in the region at the time. It has struggled ever since to overcome the transition to democracy and to become a 'full-time' member of the Western democratic community of states. This book provides a contextual analysis of the Romanian constitutional system, with references to the country's troubled constitutional history and to the way in which legal transplantation has been used. The Constitution's grey areas, as well as the gap between the written constitution and the living one, will also be explained through the prism of recent events that cast a negative shadow upon the democratic nature of the Romanian constitutional system. The first chapters present a brief historical overview and an introduction to Romanian constitutional culture, as well as to the principles and general features of the 1991 Constitution. The chapters which follow explain the functioning of the institutions and their interrelations-Parliament, the President, the Government and the courts. The Constitutional Court has a special place in the book, as do local government and the protection of fundamental rights. The last chapter refers to the mechanisms and challenges of constitutional change and development.

Liberalism, Constitutional Nationalism, and Minorities

Author : Constantin Iordachi
Publisher : BRILL
ISBN 13 : 9004401113
Total Pages : 704 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Liberalism, Constitutional Nationalism, and Minorities by : Constantin Iordachi

Download or read book Liberalism, Constitutional Nationalism, and Minorities written by Constantin Iordachi and published by BRILL. This book was released on 2019-06-17 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2019 CEU Award for Outstanding Research This book documents the making of Romanian citizenship from 1750 to 1918 as a series of acts of national self-determination by the Romanians, as well as the emancipation of subordinated gender, social, and ethno-religious groups. It focuses on the progression of a sum of transnational “questions” that were at the heart of North-Atlantic, European, and local politics during the long nineteenth century, concerning the status of peasants, women, Greeks, Jews, Roma, Armenians, Muslims, and Dobrudjans. The analysis emphasizes the fusion between nationalism and liberalism, and the emancipatory impact national-liberalism had on the transition from the Old Regime to the modern order of the nation-state. While emphasizing liberalism's many achievements, the study critically scrutinizes the liberal doctrine of legal-political “capacity” and the dark side of nationalism, marked by tendencies toward exclusion. It highlights the challenges nascent liberal democracies face in the process of consolidation and the enduring appeal of illiberalism in periods of upheaval, represented mainly by nativism. The book's innovative interdisciplinary approach to citizenship in the Ottoman and post-Ottoman Balkans and the richness of the sources employed, appeal to a diverse readership.

Judicial Independence in Transition

Author : Anja Seibert-Fohr
Publisher : Springer Science & Business Media
ISBN 13 : 3642282997
Total Pages : 1367 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis Judicial Independence in Transition by : Anja Seibert-Fohr

Download or read book Judicial Independence in Transition written by Anja Seibert-Fohr and published by Springer Science & Business Media. This book was released on 2012-04-25 with total page 1367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.

National Romanticism

Author : Balázs Trencsényi
Publisher : Central European University Press
ISBN 13 : 6155211248
Total Pages : 502 pages
Book Rating : 4.1/5 (552 download)

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Book Synopsis National Romanticism by : Balázs Trencsényi

Download or read book National Romanticism written by Balázs Trencsényi and published by Central European University Press. This book was released on 2007-01-10 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: 67 texts, including hymns, manifestos, articles or extracts from lengthy studies exemplify the relation between Romanticism and the national movements in the cultural space ranging from Poland to the Ottoman Empire. Each text is accompanied by a presentation of the author, and by an analysis of the context in which the respective work was born.The end of the 18th century and first decades of the 19th were in many respects a watershed period in European history. The ideas of the Enlightenment and the dramatic convulsions of the French Revolution had shattered the old bonds and cast doubt upon the established moral and social norms of the old corporate society. In culture a new trend, Romanticism, was successfully asserting itself against Classicism and provided a new key for a growing number of activists to 're-imagine' their national community, reaching beyond the traditional frameworks of identification (such as the 'political nation', regional patriotism, or Christian universalism). The collection focuses on the interplay of Romantic cultural discourses and the shaping of national ideology throughout the 19th century, tracing the patterns of cultural transfer with Western Europe as well as the mimetic competition of national ideologies within the region.

Judicial Cosmopolitanism

Author : Giuseppe Franco Ferrari
Publisher : BRILL
ISBN 13 : 9004297596
Total Pages : 915 pages
Book Rating : 4.0/5 (42 download)

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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. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.

On Reading the Constitution

Author : Laurence H. TRIBE
Publisher : Harvard University Press
ISBN 13 : 0674044452
Total Pages : 157 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis On Reading the Constitution by : Laurence H. TRIBE

Download or read book On Reading the Constitution written by Laurence H. TRIBE and published by Harvard University Press. This book was released on 2009-06-30 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

Romania

Author : Ronald D. Bachman
Publisher : Claitor's Pub Division
ISBN 13 :
Total Pages : 400 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Romania by : Ronald D. Bachman

Download or read book Romania written by Ronald D. Bachman and published by Claitor's Pub Division. This book was released on 1991 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The History of Law in Europe

Author : Bart Wauters
Publisher : Edward Elgar Publishing
ISBN 13 : 1786430762
Total Pages : 293 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The History of Law in Europe by : Bart Wauters

Download or read book The History of Law in Europe written by Bart Wauters and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

A Constitution of the People and How to Achieve It

Author : Aarif Abraham
Publisher : BoD – Books on Demand
ISBN 13 : 3838215168
Total Pages : 382 pages
Book Rating : 4.8/5 (382 download)

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Book Synopsis A Constitution of the People and How to Achieve It by : Aarif Abraham

Download or read book A Constitution of the People and How to Achieve It written by Aarif Abraham and published by BoD – Books on Demand. This book was released on 2021-04-30 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Britain does not have a written constitution. It has rather, over centuries, developed a set of miscellaneous conventions, rules, and norms that govern political behavior. By contrast, Bosnia’s constitution was written, quite literally, overnight in a military hanger in Dayton, USA, to conclude a devastating war. By most standards it does not work and is seen to have merely frozen a conflict and all development with it. What might these seemingly unrelated countries be able to teach each other? Britain, racked by recent crises from Brexit to national separatism, may be able to avert long-term political conflict by understanding the pitfalls of writing rigid constitutional rules without popular participation or the cultivation of good political culture. Bosnia, in turn, may be able to thaw its frozen conflict by subjecting parts of its written constitution to amendment, with civic involvement, on a fixed and regular basis; a ’revolving constitution’ to replicate some of that flexibility inherent in the British system. A book not just about Bosnia and Britain; a standard may be set for other plural, multi-ethnic polities to follow.

Area Handbook for Romania

Author : Eugene K. Keefe
Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.:/5 (3 download)

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Book Synopsis Area Handbook for Romania by : Eugene K. Keefe

Download or read book Area Handbook for Romania written by Eugene K. Keefe and published by . This book was released on 1972 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Memory

Author : Uladzislau Belavusau
Publisher : Cambridge University Press
ISBN 13 : 110718875X
Total Pages : 461 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Law and Memory by : Uladzislau Belavusau

Download or read book Law and Memory written by Uladzislau Belavusau and published by Cambridge University Press. This book was released on 2017-10-19 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.

Rationing the Constitution

Author : Andrew Coan
Publisher : Harvard University Press
ISBN 13 : 0674986954
Total Pages : 281 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Rationing the Constitution by : Andrew Coan

Download or read book Rationing the Constitution written by Andrew Coan and published by Harvard University Press. This book was released on 2019-04-29 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.

The Constitution in Conflict

Author : Robert A. Burt
Publisher : Harvard University Press
ISBN 13 : 9780674165366
Total Pages : 492 pages
Book Rating : 4.1/5 (653 download)

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Book Synopsis The Constitution in Conflict by : Robert A. Burt

Download or read book The Constitution in Conflict written by Robert A. Burt and published by Harvard University Press. This book was released on 1992 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.

History and Myth in Romanian Consciousness

Author : Lucian Boia
Publisher : Central European University Press
ISBN 13 : 9789639116979
Total Pages : 300 pages
Book Rating : 4.1/5 (169 download)

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Book Synopsis History and Myth in Romanian Consciousness by : Lucian Boia

Download or read book History and Myth in Romanian Consciousness written by Lucian Boia and published by Central European University Press. This book was released on 2001-01-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the idea that there is a considerable difference between reality and discourse, the author points out that history is constantly reconstructed, adapted and sometimes mythicized from the perspectives of the present day, present states of mind and ideologies. He closely examines historical culture and conscience in nineteenth and twentieth century Romania, particularly concentrating on the impact of the national ideology on history. Boia's innovative analysis identifies several key mythical configurations and shows how Romanians have reconstituted their own highly ideologized history over the last two centuries. The strength of History and Myth in Romanian Consciousness lies in the author's ability to fully deconstruct the entire Romanian historiographic system and demonstrate the increasing acuteness of national problems in general, and in particular the exploitation of history to support national ideology.

Democracy and Constitutions

Author : Allan C. Hutchinson
Publisher : University of Toronto Press
ISBN 13 : 1487507933
Total Pages : 220 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Democracy and Constitutions by : Allan C. Hutchinson

Download or read book Democracy and Constitutions written by Allan C. Hutchinson and published by University of Toronto Press. This book was released on 2021 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.

Borrowing Constitutional Designs

Author : Cindy Skach
Publisher : Princeton University Press
ISBN 13 : 1400832624
Total Pages : 168 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Borrowing Constitutional Designs by : Cindy Skach

Download or read book Borrowing Constitutional Designs written by Cindy Skach and published by Princeton University Press. This book was released on 2011-02-11 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. Surprisingly, the constitutional model they most often chose was neither the pure parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. Rather, it was semi-presidentialism--a rare model known more generally as the "French type." This constitutional model melded elements of pure presidentialism with those of pure parliamentarism. Specifically, semi-presidentialism combined a popularly elected head of state with a head of government responsible to a legislature. Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by new democracies. Drawing on rich case studies of two of the most important countries for European politics in the twentieth century--Weimar Germany and the French Fifth Republic--Cindy Skach offers the first theoretically focused, and historically grounded, analysis of semi-presidentialism and democracy. She demonstrates that constitutional choice matters, because under certain conditions, semi-presidentialism structures incentives that make democratic consolidation difficult or that actually contribute to democratic collapse. She offers a new theory of constitutional design, integrating insights from law and the social sciences. In doing so, Skach challenges both democratic theory and democratic practice. This book will be welcomed not only by scholars and practitioners of constitutional law but also by those in fields such as comparative politics, European politics and history, and international and public affairs.