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Constitutional Justice In Southeast Europe
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Book Synopsis Constitutional Justice in Southeast Europe by : Enver Hasani
Download or read book Constitutional Justice in Southeast Europe written by Enver Hasani and published by Nomos Verlagsgesellschaft. This book was released on 2012 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional courts play potentially significant roles in the transformation of legal orders in transition states. This collection offers a comparative analysis of constitutional justice in Southeast Europe and its place in the common European legal space. The comparison brings together longer transition experiences like Hungary's with rare insights into the later wave of constitutional transformation in little-studied jurisdictions like Kosovo, Serbia and Albania. Thematically it focuses on the relationship of constitutional courts to ordinary judiciaries and to the European Court of Human Rights. How are the interactions between these judicial bodies regulated? Do they cooperate or conflict in practice? And what is the resulting impact of the constitution and of the ECHR in legal reality? Through this lens, the authors highlight patterns and processes of constitutionalization and Europeanization and shed light on wider trends in the evolution of constitutional justice and the rule of law. Constitutional courts emerge as interfaces between various layers of domestic and international law and as building blocks in the European multi-level architecture of human rights protection.
Book Synopsis The Struggle for Constitutional Justice in Post-Communist Europe by : Herman Schwartz
Download or read book The Struggle for Constitutional Justice in Post-Communist Europe written by Herman Schwartz and published by University of Chicago Press. This book was released on 2000 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the former Eastern Bloc countries, one of the most difficult and important aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law. Herman Schwartz's wide-ranging book, backed with rich historical detail and a massive array of research, is the first to chronicle and analyze the rise and troubles of constitutional courts in this changing region. "Those who are interested in understanding the behavior of constitutional courts in transitional regimes cannot afford to ignore this important book. . . . [It] is fecund with hypotheses of interest to political scientists, and we are indebted to Professor Schwartz for his comprehensive analysis."—James L. Gibson, Law and Politics Book Review
Book Synopsis Constitutional Review in Central and Eastern Europe by : Kálmán Pócza
Download or read book Constitutional Review in Central and Eastern Europe written by Kálmán Pócza and published by Taylor & Francis. This book was released on 2024-02-13 with total page 331 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. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional adjudication in Central and Eastern Europe between 1990 and 2020. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on the Central and Eastern European region, and a short summary of the methodology of the project. This is followed by ten country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further nine countries are explored in the counterpart volume to this book: Constitutional Review in Western 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 Rights Before Courts by : Wojciech Sadurski
Download or read book Rights Before Courts written by Wojciech Sadurski and published by Springer. This book was released on 2014-05-26 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.
Book Synopsis Judicial Application of International Law in Southeast Europe by : Siniša Rodin
Download or read book Judicial Application of International Law in Southeast Europe written by Siniša Rodin and published by Springer. This book was released on 2015-04-24 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents comparative research on how the courts in Southeast Europe apply international law. After the introductory Part I, Part II discusses specific areas of international law, notably the law of Association Agreements between the EU and third countries, the law of the World Trade Organization, and international environmental law (the Aarhus Convention). Part III consists of country reports on how national courts in Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Serbia and Slovenia are currently applying international law.
Book Synopsis Democracy and Judicial Reforms in South-East Europe by : Cristina Dallara
Download or read book Democracy and Judicial Reforms in South-East Europe written by Cristina Dallara and published by Springer. This book was released on 2014-07-08 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyzes the topic of judicial reforms in four countries of South-East Europe, focusing on two specific factors that have influenced the reforms in the past two decades: the role played by the European Union in light of the east Enlargement process and the legacies of the communist regimes. Specifically, the aim is to account for similarities and differences in the reform paths of Slovenia, Romania, Croatia, and Serbia. In each country, in fact, the influence of the EU policies has been differently mediated by national factors that, broadly conceived, may be considered as expressing the legacies of the past regimes. In some cases, these legacies challenged judicial reforms and inhibited the influence of the EU; in other cases, they were positively overcome by following the route suggested by the EU. Some explanatory factors for these differences will be proposed drawing from democratization studies, Europeanization literature, and comparative judicial systems. The book focuses on countries having different status vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process. vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process.
Book Synopsis Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe by : Vladimíra Dvořáková
Download or read book Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe written by Vladimíra Dvořáková and published by CPI/PSRC. This book was released on 2007 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Impact of the ECHR on Democratic Change in Central and Eastern Europe by : Iulia Motoc
Download or read book The Impact of the ECHR on Democratic Change in Central and Eastern Europe written by Iulia Motoc and published by Cambridge University Press. This book was released on 2016-08-18 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.
Book Synopsis The Struggle for Constitutional Justice in Post-Communist Europe by : Herman Schwartz
Download or read book The Struggle for Constitutional Justice in Post-Communist Europe written by Herman Schwartz and published by University of Chicago Press. This book was released on 2000-07-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the former Eastern Bloc countries, one of the most difficult and important aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law. Herman Schwartz's wide-ranging book, backed with rich historical detail and a massive array of research, is the first to chronicle and analyze the rise and troubles of constitutional courts in this changing region. "Those who are interested in understanding the behavior of constitutional courts in transitional regimes cannot afford to ignore this important book. . . . [It] is fecund with hypotheses of interest to political scientists, and we are indebted to Professor Schwartz for his comprehensive analysis."—James L. Gibson, Law and Politics Book Review
Book Synopsis European Court of Human Rights by : Dia Anagnostou
Download or read book European Court of Human Rights written by Dia Anagnostou and published by Edinburgh University Press. This book was released on 2013-04-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.
Book Synopsis The Impact of European Institutions on the Rule of Law and Democracy by : Matej Avbelj
Download or read book The Impact of European Institutions on the Rule of Law and Democracy written by Matej Avbelj and published by Bloomsbury Publishing. This book was released on 2020-04-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2010 the European Union has been plagued by crises of democracy and the rule of law, which have been spreading from Central and Eastern Europe (CEE), catching many by surprise. This book argues that the professed success of the 2004 big bang enlargement mirrored the Potemkin villages erected in the new Member States on their accession to Europe. Slovenia is a prime example. Since its independence and throughout the accession process, Slovenia has been portrayed as the poster child of the 'New Europe'. This book claims that the widely shared narrative of the Slovenian EU dream is a myth. In many ways, Slovenia has fared even worse than its contemporary, constitutionally-backsliding, CEE counterparts. The book's discussion of the depth and breadth of the democratic crises in Slovenia should contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE Member States, which threaten the viability of the EU and Council of Europe projects. It is only on the basis of this improved understanding that the crises can be appropriately addressed at national, transnational and supranational levels.
Book Synopsis Constitutionalism and the Enlargement of Europe by : Wojciech Sadurski
Download or read book Constitutionalism and the Enlargement of Europe written by Wojciech Sadurski and published by OUP Oxford. This book was released on 2012-07-26 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention. In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.
Book Synopsis The Rule of Law in Central Europe by : Jiří Přibáň
Download or read book The Rule of Law in Central Europe written by Jiří Přibáň and published by Ashgate Publishing. This book was released on 1999 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Young.
Book Synopsis Constitutionalism and the Enlargement of Europe by : Wojciech Sadurski
Download or read book Constitutionalism and the Enlargement of Europe written by Wojciech Sadurski and published by Oxford University Press. This book was released on 2012-07-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention. In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.
Book Synopsis Constitution-making in the Region of Former Soviet Dominance by : Rett R. Ludwikowski
Download or read book Constitution-making in the Region of Former Soviet Dominance written by Rett R. Ludwikowski and published by . This book was released on 1996 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains texts of constitutions of various countries which were once part of the U.S.S.R.
Book Synopsis The Law of Obligations in Central and Southeast Europe by : Zvonimir Slakoper
Download or read book The Law of Obligations in Central and Southeast Europe written by Zvonimir Slakoper and published by Routledge. This book was released on 2024-01-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the new codifications, reforms, and other recent developments in Central and Southeast Europe which have significantly modernized the law of obligations in the last two decades.
Book Synopsis The Human Rights Referendums in Central-Eastern European Union Countries Under the ECHR Protection by : Fabio Ratto Trabucco
Download or read book The Human Rights Referendums in Central-Eastern European Union Countries Under the ECHR Protection written by Fabio Ratto Trabucco and published by . This book was released on 2019 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:
