Constitutional Reforms And International Law In Central And Eastern Europe

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Constitutional Reforms and International Law in Central and Eastern Europe

Author : Rejn Avovič Müllerson
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041105264
Total Pages : 376 pages
Book Rating : 4.1/5 (52 download)

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Book Synopsis Constitutional Reforms and International Law in Central and Eastern Europe by : Rejn Avovič Müllerson

Download or read book Constitutional Reforms and International Law in Central and Eastern Europe written by Rejn Avovič Müllerson and published by Martinus Nijhoff Publishers. This book was released on 1998 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent developments in central and eastern Europe have changed the political landscape of the world. The dissolution of the Soviet Union, Czechoslovakia and Yugoslavia, the collapse of Communism in Europe, market reforms, and the processes of democratisation are all seminal events affecting not only the countries in transition but other states as well. All these changes presuppose fundamental legal reforms. In this process most of the countries in transition have adopted new constitutions where issues of participation in the international political order and questions of international law enjoy a prominent place. This book is one outcome of many research activities concerning these transitions in central and eastern Europe at the Centre of European Law, King's College London. It contains essays about constitutional reforms and international law by leading international judges and academics. It is edited by Mads Andenas, Director of the Centre of European Law at King's College London, Malgosia Fitzmaurice, Reader in International Law at Queen Mary and Westfield College, London, and Rein Müllerson, Professor in International Law at King's College.

Rights Before Courts

Author : Wojciech Sadurski
Publisher : Springer
ISBN 13 : 9401789355
Total Pages : 470 pages
Book Rating : 4.4/5 (17 download)

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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.

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.

EU Enlargement and the Constitutions of Central and Eastern Europe

Author : Anneli Albi
Publisher : Cambridge University Press
ISBN 13 : 9781139446150
Total Pages : 304 pages
Book Rating : 4.4/5 (461 download)

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Book Synopsis EU Enlargement and the Constitutions of Central and Eastern Europe by : Anneli Albi

Download or read book EU Enlargement and the Constitutions of Central and Eastern Europe written by Anneli Albi and published by Cambridge University Press. This book was released on 2005-06-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.

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.

Czecho/Slovakia

Author : Eric Stein
Publisher : University of Michigan Press
ISBN 13 : 9780472086283
Total Pages : 420 pages
Book Rating : 4.0/5 (862 download)

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Book Synopsis Czecho/Slovakia by : Eric Stein

Download or read book Czecho/Slovakia written by Eric Stein and published by University of Michigan Press. This book was released on 2000-01-26 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVDescribes the peaceful breakup of the Czechoslovak Federation /div

Constitutional Review in Central and Eastern Europe

Author : Kálmán Pócza
Publisher : Taylor & Francis
ISBN 13 : 1003849547
Total Pages : 331 pages
Book Rating : 4.0/5 (38 download)

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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.

Judicial Accountabilities in New Europe

Author : Daniela Piana
Publisher : Routledge
ISBN 13 : 1317110102
Total Pages : 280 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Judicial Accountabilities in New Europe by : Daniela Piana

Download or read book Judicial Accountabilities in New Europe written by Daniela Piana and published by Routledge. This book was released on 2016-05-06 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on a highly challenging aspect of all European democracies, namely the issue of combining guarantees of judicial independence and mechanisms of judicial accountability. It does so by filling the gap in European scholarship between the two policy sectors of enlargement and judicial cooperation and by taking full stock of an interdisciplinary literature, spanning from comparative politics, socio-legal studies and European studies. Judicial Accountabilities in New Europe presents an insightful account of the judicial reforms adopted by new member States to embed the principle of the rule of law in their democratic institutions, along with the guidelines of quality of justice promoted by European institutions in all member States.

International Law

Author : Malcolm N. Shaw
Publisher : Cambridge University Press
ISBN 13 : 1107188474
Total Pages : 1123 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis International Law by : Malcolm N. Shaw

Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2017-09-14 with total page 1123 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive and authoritative international law text, updated to reflect key case law, international practice and treaty developments.

Recueil Des Cours, Collected Courses 2001

Author : Académie de Droit International de la Ha Staff
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041118554
Total Pages : 498 pages
Book Rating : 4.1/5 (185 download)

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Book Synopsis Recueil Des Cours, Collected Courses 2001 by : Académie de Droit International de la Ha Staff

Download or read book Recueil Des Cours, Collected Courses 2001 written by Académie de Droit International de la Ha Staff and published by Martinus Nijhoff Publishers. This book was released on 2002-06-30 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law," The contents of this volume consist of: - International Protection of the Environment by M.A. FITZMAURICE, Professor at Queen Mary University of London. To access the abstract texts for this volume please click here

Political and Legal Perspectives

Author : Keith Robbins
Publisher : Universitaire Pers Leuven
ISBN 13 : 9058678253
Total Pages : 248 pages
Book Rating : 4.0/5 (586 download)

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Book Synopsis Political and Legal Perspectives by : Keith Robbins

Download or read book Political and Legal Perspectives written by Keith Robbins and published by Universitaire Pers Leuven. This book was released on 2010 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political and Legal Perspectives highlights the impact of political change, or "democratization," on religious reform in Northern Europe.

A Common Law for Europe

Author : Gian Antonio Benacchio
Publisher : Central European University Press
ISBN 13 : 9637326367
Total Pages : 331 pages
Book Rating : 4.6/5 (373 download)

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Book Synopsis A Common Law for Europe by : Gian Antonio Benacchio

Download or read book A Common Law for Europe written by Gian Antonio Benacchio and published by Central European University Press. This book was released on 2005-01-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.

The Judiciary in Central and Eastern Europe

Author : Zdenek Kühn
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004175563
Total Pages : 337 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Judiciary in Central and Eastern Europe by : Zdenek Kühn

Download or read book The Judiciary in Central and Eastern Europe written by Zdenek Kühn and published by Martinus Nijhoff Publishers. This book was released on 2011-10-28 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the judicial culture in East Central Europe from the era of Stalinism up to the post-Communist period of the 1990s and 2000s. The book targets the judicial ideology and the conception of law, phenomena most resistant to change.

Health Care Law-making in Central and Eastern Europe

Author : André Pieter den Exter
Publisher : Intersentia nv
ISBN 13 : 9050952534
Total Pages : 389 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Health Care Law-making in Central and Eastern Europe by : André Pieter den Exter

Download or read book Health Care Law-making in Central and Eastern Europe written by André Pieter den Exter and published by Intersentia nv. This book was released on 2002 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relevance of a theoretical model of health care law-making in several Central and Eastern European countries. Confronted with the legacy of the ancient regime, the countries selected shifted away from a 'socialist' model towards a more 'market-oriented' health care system. From a legal perspective, this change of system imposed on government the need for drastic reforms starting with the introduction of a compulsory health insurance scheme based on the notion of solidarity. Future accession to the EU, requiring the incorporation of the acquis communautaire, has increased the complexity of legal reforms since. Strengthening the reform process, the author developed a method of law-making based on legal-theoretical understanding. Case study research in three selected countries justifies the conclusion that the analytical model rationalises the law-making activity, including the 'EU law approximation process'. What is more, it became apparent that the importance of this theoretical model is not restricted only to the selected countries but may also be a valuable instrument for other countries in transition in the region. Health care law-making in Central and Eastern Europe - Review of a legal-theoretical model provides a unique resource for scholars and policy makers interested in legal reforms in Central and Eastern European health care systems.

International and National Law in Russia and Eastern Europe

Author : Ferdinand J.M. Feldbrugge
Publisher : BRILL
ISBN 13 : 9004480765
Total Pages : 489 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis International and National Law in Russia and Eastern Europe by : Ferdinand J.M. Feldbrugge

Download or read book International and National Law in Russia and Eastern Europe written by Ferdinand J.M. Feldbrugge and published by BRILL. This book was released on 2021-11-22 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: The disappearance of the USSR as a superpower, to be replaced by the Russian Federation and a host of new states, has had wide-ranging consequences in the field of law. The establishment of market economies and the need to set up institutional frameworks to foster the rule of law have precipitated comprehensive domestic law reforms in the countries concerned. The major focus of the present work, however, is on the metamorphosis of the network of international law relations, brought about by the fundamental change in the political and constitutional climate and the emergence of numerous new actors. Apart from the relations between states as the classical province of international law, the impact of international law on national legal orders has acquired overwhelming importance and the successor states of the Soviet Union have not escaped the effect of this development. Some of the most urgent questions thrown up by these developments are analyzed by a team of leading legal specialists from the Russian Federation, North America, and Western Europe.

Liber Amicorum Ibrahim F.I. Shihata

Author : Sabine Schlemmer-Schulte
Publisher : BRILL
ISBN 13 : 9004481028
Total Pages : 932 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Liber Amicorum Ibrahim F.I. Shihata by : Sabine Schlemmer-Schulte

Download or read book Liber Amicorum Ibrahim F.I. Shihata written by Sabine Schlemmer-Schulte and published by BRILL. This book was released on 2021-10-25 with total page 932 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Liber Amicorum is dedicated to an exceptional lawyer who laid many foundations of international finance and development law - Ibrahim F.I. Shihata - in commemoration of his retirement from the World Bank after 15 years of service as Vice-President (later Senior Vice-President) and General Counsel, and Secretary-General of the International Centre for Settlement of Investment Disputes. Ibrahim F.I. Shihata's groundbreaking contributions to the theory and practice of international law arose out of his service in major international finance and development institutions. Among the positions he held prior to his service at the World Bank and ICSID were: Legal Adviser, Kuwait Fund for Arab Economic Development; Executive Director, International Fund for Agricultural Development; Director-General, OPEC Fund for International Development; and Chairman, International Development Law Institute. He shaped these institutions' legal architecture, and advanced these institutions' contribution to development. This Liber Amicorum brings together essays of incumbent or former general counsels or heads of the World Bank, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Inter-American Development Bank, the Inter-American Investment Corporation, the Asian Development Bank, the African Development Bank, the European Bank for Reconstruction and Development, the Islamic Development Bank, the Nordic Investment Bank, the International Fund for Agricultural Development, the OPEC Fund, the Arab Fund for Economic and Social Development, and other international finance and development institutions. Collectively with distinguished academics, jurists, and arbitrators in international tribunals, such as the International Court of Justice, World Trade Organization's Appellate Body, and the International Centre for Settlement of Investment Disputes, well-known practitioners and colleagues of Dr. Shihata at the World Bank's Legal Department, they write about current and emerging issues in international finance and development law. These include issues such as the various institutions' special development assistance profile, the settlement of international investment disputes, foreign investment law, legal and judicial reform, the environment, the rule of law, corruption, accountability of international financial institutions, etc., reflecting the broad spectrum of the part of law to the development of which Ibrahim Shihata contributed tremendously.

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.