The Role Of Constitutional Courts In Multilevel Governance

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The Role of Constitutional Courts in Multilevel Governance

Author : Patricia Popelier
Publisher :
ISBN 13 : 9781780681061
Total Pages : 0 pages
Book Rating : 4.6/5 (81 download)

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Book Synopsis The Role of Constitutional Courts in Multilevel Governance by : Patricia Popelier

Download or read book The Role of Constitutional Courts in Multilevel Governance written by Patricia Popelier and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional review has not only expanded geographically, it has also expanded in its mission and function, acquiring new subject areas and new roles and responsibilities. In examining these new roles and responsibilities, this collection of essays reflects on constitutional review as an aspect of constitutionalism framed in the context of multilevel governance. Bringing together a number of remarkable, yet varied, contributions, the book explores how institutional changes of multilevel governance have transformed the notion, shape, and substance of constitutional review. To this end, four key roles, both new and old, are identified: 1) courts act as guardians of fundamental rights, 2) they oversee the institutional balance, 3) they provide a deliberative forum, and 4) they assume the function of a regulatory watchdog. The book explores these different roles played by national and European courts, and it examines the challenges brought about by the involvement in multilevel networks and the shift to new concepts of governance. (Series: Law and Cosmopolitan Values - Vol. 3)

Judicial Power

Author : Christine Landfried
Publisher : Cambridge University Press
ISBN 13 : 1316999084
Total Pages : 411 pages
Book Rating : 4.3/5 (169 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: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.

Constitutional Courts

Author : Andrew Harding
Publisher : JCL Studies in Comparative Law
ISBN 13 : 9780854900633
Total Pages : 385 pages
Book Rating : 4.9/5 (6 download)

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Book Synopsis Constitutional Courts by : Andrew Harding

Download or read book Constitutional Courts written by Andrew Harding and published by JCL Studies in Comparative Law. This book was released on 2009 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional courts: forms, functions and practice in comparative perspective Andrew Harding, Peter Leyland and Tania Groppi -- Austria: the constitutional court of Austria: modern profiles of an archetype of constitutional review Anna Gamber and Francesco Palermo -- Central and Eastern Europe: constitutional courts of Central and Eastern Europe: between adolescence and maturity Kasia Lach and Wojchiech Sadurski -- France: The French Conseil constitutionnel: an evolving form of constitutional justice Marie Claire Ponthoreau and Fabrice Hourquebie -- Germany: Das Bundsverfassungsgericht: procedure, practice and policy of the German federal constitutional court Donald P Kommers and Russel A Miller -- Italy: the Italian constitutional court: towards a 'multilevel system' of constitutional review Tania Groppi -- Russia: the constitutional court of the Russian Federation: the establishment and evolution of constitutional supervision in Russia Jane Henderson -- Spain: the Spanish constitutional court: time for reforms Victor Ferreres Comella -- Turkey: the constitutional court of Turkey: the Anayasa Mahkemesi as the protector of the system Esin Örücü -- Egypt: Egypt's supreme constitutional court: managing constitutional conflict in an authoritarian aspirationally 'Islamic' state Clark B Lombardi -- Francophone Africa: models of constitutional jurisdiction in francophone West Africa Babacar Kanté -- South Africa: South Africa's constitutional court: enabling democracy and promoting law in the transition from Apartheid Heinz Klug -- East Asia: constitutional courts in East Asia: understanding variation Tom Ginsburg -- Indonesia and Thailand: the constitutional courts of Thailand and Indonesia: two case studies from South East Asia Andrew Harding and Peter Leyland -- Constitutional courts in Latin America: a testing ground for new parame++

Opposition in the EU Multi-Level Polity

Author : Stefan Thierse
Publisher : Springer Nature
ISBN 13 : 3030471624
Total Pages : 159 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Opposition in the EU Multi-Level Polity by : Stefan Thierse

Download or read book Opposition in the EU Multi-Level Polity written by Stefan Thierse and published by Springer Nature. This book was released on 2020-10-26 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the conventional wisdom that the European Union (EU) is an example of governance without opposition. Building on a concept of opposition that honors both the institutional features of the EU polity and the fundamental functions of political opposition, it argues that legal mobilization and litigation before constitutional courts provides actors and organizations from civil society with an opportunity to challenge and overturn policy decisions that originate at the EU level. Further, it presents case studies of constitutional challenges to the implementation of the EU Data Retention Directive in four Member States (Austria, the Czech Republic, Germany and Ireland) to illustrate the motivations for, as well as the preconditions and pitfalls of, mobilizing constitutional law. By connecting the literature on social movements, law and politics and comparative government, this book will appeal to readers interested in political science, sociology and legal studies.

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.

Constitutional Identity in a Europe of Multilevel Constitutionalism

Author : Christian Calliess
Publisher : Cambridge University Press
ISBN 13 : 1108480438
Total Pages : 393 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Constitutional Identity in a Europe of Multilevel Constitutionalism by : Christian Calliess

Download or read book Constitutional Identity in a Europe of Multilevel Constitutionalism written by Christian Calliess and published by Cambridge University Press. This book was released on 2019-10-24 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.

Multilevel Governance in the European Union

Author : Nick Bernard
Publisher : Springer
ISBN 13 :
Total Pages : 304 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Multilevel Governance in the European Union by : Nick Bernard

Download or read book Multilevel Governance in the European Union written by Nick Bernard and published by Springer. This book was released on 2002-04-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: There can be little doubt that the "benign neglect" from which the EC/EU so long benefited has come to an end. As European institutions expand and affect member State citizens in an ever more direct manner, issues of supranational governance and constitutionalism surge to the fore in every sphere of activity. These issues do not easily lend themselves to resolution. Scholars are in general agreement that the EU, although it displays some features of federalism, is a new kind of entity that continues to resist any known constitutional model. Multilevel Governance in the European Union presents the EU as a system in which public power is divided into layers of government where each layer retains autonomous power and none can claim ultimate power over the others. The author invites us to regard the EU as the product of the need for cross-border common action over a wide range of economic and social issues in the context of the absence of a conscious and willing European demos. He argues against a purely intergovernmental understanding of the EU just as much as against a purely supranational one. With a wealth of reference to caselaw, he shows that co-operation and co-ordination rather than assertion of ultimate authority are the principles on which the EU legal order is organised. The implications for law and constitutionalism are profound. The law is less the expression of a programme of government than the result of interaction between multiple stakeholders and the constitution less a set of fixed boundaries on power than a framework to organise that interaction.

Courts in Federal Countries

Author : Nicholas Theodore Aroney
Publisher : University of Toronto Press
ISBN 13 : 1487511485
Total Pages : 600 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Courts in Federal Countries by : Nicholas Theodore Aroney

Download or read book Courts in Federal Countries written by Nicholas Theodore Aroney and published by University of Toronto Press. This book was released on 2017-04-24 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.

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.

Subsidiarity and EU Multilevel Governance

Author : Serafín Pazos-Vidal
Publisher : Routledge
ISBN 13 : 0429842511
Total Pages : 246 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Subsidiarity and EU Multilevel Governance by : Serafín Pazos-Vidal

Download or read book Subsidiarity and EU Multilevel Governance written by Serafín Pazos-Vidal and published by Routledge. This book was released on 2019-02-25 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the theory and praxis of the legal concept of subsidiarity and the policy paradigm of multilevel governance, providing an updated overview on how subnational and national authorities engage within the EU institutional framework. Providing a theoretical assessment of real-life case studies, the book reflects on a number of key events from the negotiations of the European Convention to the process that led to the "Brexit" referendum and assesses the key agendas and institutional ethos of most actors involved in EU policymaking. It particularly focusses on the EU engagement of so-called non-privileged actors, such as subnational authorities from the UK, Germany, Austria, Italy, the Netherlands and Scandinavia, as well as national and regional parliaments. The author goes on to examine the sometimes selfish behaviour and individual agendas of the European Commission, European Parliament, Member States and even the European Court of Justice but also identifies many constructive ways of interaction that can decisively frame how EU decisions are made. This comprehensive book will be a useful reference to students, practitioners and academic researchers working in European politics, policymaking, public policy and EU law and integration.

The Sub-national Dimension of the EU

Author : Carlo Panara
Publisher : Springer
ISBN 13 : 3319145894
Total Pages : 191 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis The Sub-national Dimension of the EU by : Carlo Panara

Download or read book The Sub-national Dimension of the EU written by Carlo Panara and published by Springer. This book was released on 2015-03-02 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first monograph-form legal study on multilevel governance in the EU and represents a radical change in the approach to this topic. Particularly after the Treaty of Lisbon’s entry into force, research on multilevel governance can no longer remain confined to the analysis of political dynamics or of soft law arrangements. Multilevel governance emerges as a constitutional principle in the European constitutional space, envisaging a method of governance based on the strong involvement of sub-national authorities in the creation and implementation of EU law and policy. Its foundation is in the mosaic resulting from the constitutional systems of the Union and its Member States. Multilevel governance arrangements play a fundamental part in achieving key Treaty objectives (such as subsidiarity, respect for the national identities of the Member States including regional and local self-government, openness, and closeness to the citizen). These arrangements lend legitimacy to EU decision-making, while also promoting constitutionalism and democracy in the EU.

Rational Lawmaking under Review

Author : Klaus Meßerschmidt
Publisher : Springer
ISBN 13 : 3319332171
Total Pages : 412 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Rational Lawmaking under Review by : Klaus Meßerschmidt

Download or read book Rational Lawmaking under Review written by Klaus Meßerschmidt and published by Springer. This book was released on 2016-07-26 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court ́s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.

Constitutional Review in Western Europe

Author : Kálmán Pócza
Publisher : Taylor & Francis
ISBN 13 : 1040020232
Total Pages : 362 pages
Book Rating : 4.0/5 (4 download)

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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.

Designing Effective Legislation

Author : Maria Mousmouti
Publisher : Edward Elgar Publishing
ISBN 13 : 1788118235
Total Pages : 224 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Designing Effective Legislation by : Maria Mousmouti

Download or read book Designing Effective Legislation written by Maria Mousmouti and published by Edward Elgar Publishing. This book was released on 2019 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is effective legislation? Is it a matter of intuition, luck or the result of evidence based law making? Can it be consciously ‘engineered’? This book advances the novel idea that legislative effectiveness is the result of complex ‘mechanics’ in the conceptualisation, design and drafting of four elements inherent in every law: purpose, content, context and results. It concludes that effectiveness can be achieved with conceptual and methodological insights that guide the specific choices of lawmakers when designing and drafting legislation.

Lawmaking in Multi-level Settings

Author : Patricia Popelier
Publisher : Nomos Verlag
ISBN 13 : 3748900864
Total Pages : 318 pages
Book Rating : 4.7/5 (489 download)

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Book Synopsis Lawmaking in Multi-level Settings by : Patricia Popelier

Download or read book Lawmaking in Multi-level Settings written by Patricia Popelier and published by Nomos Verlag. This book was released on 2019-09-18 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Rechtsetzung ist bereits im nationalen Kontext schwer genug; in mehrstufigen Umfeldern wie den Bundesländern oder der EU ist sie jedoch noch komplizierter. Auf zentraler Ebene müssen Gesetze der Autonomie und Diversität der einzelnen Einheiten Rechnung tragen und trotzdem effektiv, kohärent, einfach und zugänglich sein. Auf der dezentralen Ebene müssen Gesetzgeber die Gesetze, die auf zentraler Ebene erarbeitet wurden, in einem festgelegten Zeitraum in ihrem eigenen Rechtsrahmen implementieren. Diese Herausforderungen werden in diesem Werk, das ausgewählte Beiträge der 2018 an der Universität Antwerpen stattgefundenen Konferenz der Internationalen Gesellschaft für Gesetzgebung enthält, diskutiert. Es befasst sich mit allen Mehrebenensystemen; ein besonderer Fokus liegt jedoch auf der EU, wo die Spannung zwischen Autonomie und Effizienz besonders offensichtlich ist. Teil I untersucht das Thema auf allgemeinster Ebene und umfasst alle Typen von Mehrebenensystemen. Teil II befasst sich mit der EU-Perspektive und Teil III mit der Perspektive der Mitgliedsstaaten. Die Autoren sind Experten in verschiedenen Disziplinen und Praktiker, was einen interdisziplinäre Herangehensweise sicherstellt.

Fundamental Rights in Europe

Author : Federico Fabbrini
Publisher : OUP Oxford
ISBN 13 : 0191006572
Total Pages : 350 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Fundamental Rights in Europe by : Federico Fabbrini

Download or read book Fundamental Rights in Europe written by Federico Fabbrini and published by OUP Oxford. This book was released on 2014-02-13 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards-a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor-and considers the most recent transformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision-a 'neo-federal' theory-which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.

How International Law Works in Times of Crisis

Author : George Ulrich
Publisher : Oxford University Press
ISBN 13 : 0192589520
Total Pages : 368 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis How International Law Works in Times of Crisis by : George Ulrich

Download or read book How International Law Works in Times of Crisis written by George Ulrich and published by Oxford University Press. This book was released on 2019-09-19 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.