Droit Constitutionnel 2012

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Rule of Law in Crisis

Author : Martin Belov
Publisher : Taylor & Francis
ISBN 13 : 1000830381
Total Pages : 323 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Rule of Law in Crisis by : Martin Belov

Download or read book Rule of Law in Crisis written by Martin Belov and published by Taylor & Francis. This book was released on 2022-12-30 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, memory politics and identity politics. It critically assesses the responses given by the EU and its member states to the current crisis. The work also provides an analysis of the most important challenges to rule of law stemming from the performance of constitutional courts, including the risks of judicial activism, politicization of the courts and judicialization of politics. The book will be an invaluable resource for researchers, academics and policy-makers working in the areas of Constitutional Law and Political Science.

EMU Integration and Member States’ Constitutions

Author : Stefan Griller
Publisher : Bloomsbury Publishing
ISBN 13 : 1509935800
Total Pages : 803 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis EMU Integration and Member States’ Constitutions by : Stefan Griller

Download or read book EMU Integration and Member States’ Constitutions written by Stefan Griller and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 803 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, legal scholars from the EU Member States (with the addition of the UK) analyse the development of the EU Member States' attitudes to economic, fiscal, and monetary integration since the Treaty of Maastricht. The Eurozone crisis corroborated the warnings of economists that weak economic policy coordination and loose fiscal oversight would be insufficient to stabilise the monetary union. The country studies in this book investigate the legal, and in particular the constitutional, pre-conditions for deeper fiscal and monetary integration that influenced the past and might impact on the future positions in the (now) 27 EU Member States. The individual country studies address the following issues: - Main characteristics of the national constitutional system, and constitutional culture; - Constitutional foundations of Economic and Monetary Union (EMU) membership and related instruments; - Constitutional obstacles to EMU integration; - Constitutional rules and/or practice on implementing EMU-related law; and - The resulting relationship between EMU-related law and national law Offering a comprehensive and detailed assessment of the legal and constitutional developments concerning the Economic and Monetary Union since the Treaty of Maastricht, this book provides not only a study of legal EMU-related measures and reforms at the EU level, but most importantly sheds light on their perception in the EU Member States.

The Idea of Economic Constitution in Europe

Author :
Publisher : BRILL
ISBN 13 : 9004519351
Total Pages : 847 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis The Idea of Economic Constitution in Europe by :

Download or read book The Idea of Economic Constitution in Europe written by and published by BRILL. This book was released on 2022-06-08 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: Behind the controversies that have marked the history of the idea of Economic Constitution emerges the highly political issue of the room for manoeuvre left to public authorities in the economic sphere. The notion thus encapsulates a fundamental tension: between democracy and rule of law, which model of legal ordering of the economy should prevail? From physiocrats to neo-liberals, from the Weimar Republic to European integration, from national constitutions to Global Governance, this collective book invites us to explore the genealogy of the controversial concept of Economic Constitution. The result of this interdisciplinary dialogue is a comprehensive reflection on the legal and political issues at stake in the current constitutionalization of the market order in Europe. Contributors are: Philippe Steiner, Guillaume Grégoire, Hugues Rabault, Peter C. Caldwell, Thomas Biebricher, Werner Bonefeld, Serge Audier, Vincent Valentin, Pieter van Cleynenbreugel, Xavier Miny, Frédéric Marty, Claire Mongouachon, Hans-Wolfgang Micklitz, Francesco Martucci, Michael Wilkinson, Hjalte Lokdam, Susanna Maria Cafaro, Peter Lindseth, Cristina Fasone, Pierre Nihoul, François Colly, Peter-Christian Müller-Graff, Tony Prosser, Damien Piron, Mahmoud Mohamed Salah, Stephen Gill, Thibault Biscahie, Sebastien Adalid, and Christian Joerges. Derrière les controverses qui jalonnent l’histoire de l’idée de Constitution économique émerge la question éminemment politique de la marge de manœuvre laissée aux autorités publiques dans la sphère économique. La notion cristallise ainsi une tension fondamentale : entre démocratie et État de droit, quel doit être modèle d’organisation et d’ordonnancement juridique de l’économie? Des physiocrates aux néolibéraux, de la République de Weimar à l’intégration européenne, des constitutions nationales à la Global Governance, cet ouvrage collectif nous invite dès lors à explorer la généalogie du concept polémique de Constitution économique. Les auteurs ouvrent alors, à travers un dialogue interdisciplinaire constant, une réflexion globale autour des enjeux juridiques et politiques du processus actuel de constitutionnalisation de l’ordre de marché en Europe.

Author :
Publisher : KARTHALA Editions
ISBN 13 : 2811109943
Total Pages : 1684 pages
Book Rating : 4.8/5 (111 download)

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Download or read book written by and published by KARTHALA Editions. This book was released on with total page 1684 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Constitutional Law and the EU Balanced Budget Principle

Author : Elena-Simina Tănăsescu
Publisher : Routledge
ISBN 13 : 1351723510
Total Pages : 233 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Constitutional Law and the EU Balanced Budget Principle by : Elena-Simina Tănăsescu

Download or read book Constitutional Law and the EU Balanced Budget Principle written by Elena-Simina Tănăsescu and published by Routledge. This book was released on 2021-11-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the balanced budget rule as an economic standard and as a legal principle, this book explains the context and content of the balanced budget rule and presents a critical appraisal of its impact on legal systems, political institutions and social values, and particularly an evaluation of its constitutionalization in the European and national legal systems. Examining a range of perspectives on the balanced budget rule as a legal principle, a series of chapters investigate the feasibility and effectiveness of the balanced budget rule. The book considers the impact this may have on the separation of powers within the state, on democratic decision-making, on the European social model and on the protection of fundamental social rights within the European Union. It suggests that this impact goes beyond the ethical issue of the public debt considered as a burden placed on future generations, and beyond injunctions imposed by international financial institutions on national public finances. The transfiguration of fiscal discipline from an economic requirement into a legal rule demanding a balanced budget embodies a challenge to the political nature of the budgetary process while creating the flexibility needed in order to further fiscal federalism within the European Union. This book argues that the balanced budget rule is nothing more than it has always been: an instrument for devising public policies in a rational manner, a tool for conceiving qualitative choices regarding the well-being of citizens.

Memory and Punishment

Author : Emanuela Fronza
Publisher : Springer
ISBN 13 : 9462652341
Total Pages : 246 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Memory and Punishment by : Emanuela Fronza

Download or read book Memory and Punishment written by Emanuela Fronza and published by Springer. This book was released on 2018-02-27 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).

The Constitution and Governance in Cameroon

Author : Laura-Stella E. Enonchong
Publisher : Routledge
ISBN 13 : 1351028847
Total Pages : 200 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis The Constitution and Governance in Cameroon by : Laura-Stella E. Enonchong

Download or read book The Constitution and Governance in Cameroon written by Laura-Stella E. Enonchong and published by Routledge. This book was released on 2020-10-18 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic analysis of the major structural and institutional governance mechanisms in Cameroon, critically analysing the constitutional and legislative texts on Cameroon’s semi-presidential system, the electoral system, the legislature, the judiciary, the Constitutional Council and the National Commission on Human Rights and Freedoms. The author offers an assessment of the practical application of the laws regulating constitutional institutions and how they impact on governance. To lay the groundwork for the analysis, the book examines the historical, constitutional and political context of governance in Cameroon, from independence and reunification in 1960–1961, through the adoption of the 1996 Constitution, to more recent events including the current Anglophone crisis. Offering novel insights on new institutions such as the Senate and the Constitutional Council and their contribution to the democratic advancement of Cameroon, the book also provides the first critical assessment of the legislative provisions carving out a special autonomy status for the two Anglophone regions of Cameroon and considers how far these provisions go to resolve the Anglophone Problem. This book will be of interest to scholars of public law, legal history and African politics. The Open Access version of this book, available at https://www.taylorfrancis.com/books/9781351028868, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

An Unamendable Constitution?

Author : Richard Albert
Publisher : Springer
ISBN 13 : 3319951416
Total Pages : 389 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis An Unamendable Constitution? by : Richard Albert

Download or read book An Unamendable Constitution? written by Richard Albert and published by Springer. This book was released on 2018-09-03 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.

Transnational Constitution Making

Author : Alicia Pastor y Camarasa
Publisher : Taylor & Francis
ISBN 13 : 1040035752
Total Pages : 228 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Transnational Constitution Making by : Alicia Pastor y Camarasa

Download or read book Transnational Constitution Making written by Alicia Pastor y Camarasa and published by Taylor & Francis. This book was released on 2024-06-14 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the largely neglected but crucial role of transnational actors in democratic constitution-making. The writing or rewriting of constitutions is usually a key moment in democratic transitions. But how exactly does this take place? Most contemporary comparative constitutional literature draws on the concept of constituent power – the power of the people – to address this moment. But what this overlooks, this book argues, is the important role of external, transnational actors who tend to play a crucial role in the process. Drawing on sociolegal methodologies but informed by new legal realism, this book develops a new theoretical framework for examining the involvement of such actors in constitution-making. Empirically grounded, the book uncovers a more comprehensive picture of how constitution-making unfolds on the ground. Illuminating the power dynamics at play during the legal process, it reveals not only the wide range of external actors involved but also the continuity between decolonisation and post-Cold War constitution-making. This book, the first to provide an in-depth examination of external actor involvement in constitution-making, will appeal to scholars of constitutional law, sociolegal studies, law and development, and transitional justice.

Law, Religion, Constitution

Author : W. Cole Durham
Publisher : Routledge
ISBN 13 : 1317107373
Total Pages : 472 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Law, Religion, Constitution by : W. Cole Durham

Download or read book Law, Religion, Constitution written by W. Cole Durham and published by Routledge. This book was released on 2016-04-29 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world. Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience.

Outsourcing Rulemaking Powers

Author : Cedric Jenart
Publisher : Oxford University Press
ISBN 13 : 0192897837
Total Pages : 321 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Outsourcing Rulemaking Powers by : Cedric Jenart

Download or read book Outsourcing Rulemaking Powers written by Cedric Jenart and published by Oxford University Press. This book was released on 2022 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. Through the examination of multiple countries, this book argues that there should be minimal legal safeguards to which all rules must heed, in particular those made by autonomous public or private actors.

Syria, the Strength of an Idea

Author : Karim Atassi
Publisher : Cambridge University Press
ISBN 13 : 110718360X
Total Pages : 519 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Syria, the Strength of an Idea by : Karim Atassi

Download or read book Syria, the Strength of an Idea written by Karim Atassi and published by Cambridge University Press. This book was released on 2018-05-03 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the construction of the Syrian state over the last 100 years and decodes the events of the current crisis.

Political and Constitutional Transitions in North Africa

Author : Justin Frosini
Publisher : Routledge
ISBN 13 : 1317597451
Total Pages : 197 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Political and Constitutional Transitions in North Africa by : Justin Frosini

Download or read book Political and Constitutional Transitions in North Africa written by Justin Frosini and published by Routledge. This book was released on 2014-12-05 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transformations which are taking place in the Arab world are dynamic processes characterised by a number of variables that one can refer to as actors and factors. The implications of the Arab uprisings are important for the world at large; the Arab world’s successes, and failures, at this crucial moment may well serve as a model for other nations. Political and Constitutional Transitions in North Africa focuses on five Northern African countries- Tunisia, Egypt, Morocco, Libya and Algeria- examining specific institutions and actors participating in the political upheavals in North Africa since 2011, and placing them in a comparative perspective in order to better understand the processes at work. This book addresses issues pertinent to North African and Middle Eastern Studies, comparative constitutional law, political science and transitional studies and it contains contributions by experts in all these fields. Providing a significant contribution to the understanding of events that followed the immolation of Mohamed Bouazizi in Tunisia, this book is a valuable contribution to North African Studies, Middle Eastern Studies, Comparative Constitutional Law and Transitional Studies.

Debating Legal Pluralism and Constitutionalism

Author : Guillaume Tusseau
Publisher : Springer Nature
ISBN 13 : 3030344320
Total Pages : 343 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Debating Legal Pluralism and Constitutionalism by : Guillaume Tusseau

Download or read book Debating Legal Pluralism and Constitutionalism written by Guillaume Tusseau and published by Springer Nature. This book was released on 2020-02-24 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.

Legitimate expectations in Luxembourg tax law

Author : Fatima Chaouche
Publisher : Éditions Larcier
ISBN 13 : 280791666X
Total Pages : 489 pages
Book Rating : 4.8/5 (79 download)

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Book Synopsis Legitimate expectations in Luxembourg tax law by : Fatima Chaouche

Download or read book Legitimate expectations in Luxembourg tax law written by Fatima Chaouche and published by Éditions Larcier. This book was released on 2019-06-25 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the result of a 4-year research project conducted at the Faculty of Law of the University of Luxembourg. It explores the legal value and enforceability of tax circulars and tax rulings in Luxembourg domestic law in light of the principle of legitimate expectations and related principles. After studying the historical roots of both interpretative acts, this research questions the level of protection taxpayers enjoy when relying on circulars and tax rulings and contains a review of decades of administrative case-law to assess the judicial discourse on taxpayers’ rights to certainty. This book further investigates the case of circulars and tax rulings that contain interpretations of tax laws that are contrary to the law (contra legem) and builds upon the existing normative framework to introduce proposals addressing issues of uncertainty and inequality taxpayers are likely to suffer when relying on such interpretative acts. Prix Pierre Pescatore de la Faculté de Droit de Luxembourg (École doctorale de droit).

The Influence of Human Rights and Basic Rights in Private Law

Author : Verica Trstenjak
Publisher : Springer
ISBN 13 : 3319253379
Total Pages : 596 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis The Influence of Human Rights and Basic Rights in Private Law by : Verica Trstenjak

Download or read book The Influence of Human Rights and Basic Rights in Private Law written by Verica Trstenjak and published by Springer. This book was released on 2015-12-16 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.