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European And Us Constitutionalism
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Book Synopsis European and US Constitutionalism by : Georg Nolte
Download or read book European and US Constitutionalism written by Georg Nolte and published by Cambridge University Press. This book was released on 2005-09-29 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.
Book Synopsis European and US Constitutionalism by : Georg Nolte
Download or read book European and US Constitutionalism written by Georg Nolte and published by Council of Europe. This book was released on 2005-01-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compiles the papers and comments delivered at the Confârence on "European and American constitutionaism" which took place in Gèttingen in 2003. Through topics like freedom of speech, human dignity, the protective function of the state, adjudication and democracy and international influences, the conference papers identify salient features of the constitutional systems on both sides of the Atlantic and address recent developments following the end of the soviet era in eastern Europe and the terrorists attacks of 11 September 2001.
Book Synopsis Digital Constitutionalism in Europe by : Giovanni De Gregorio
Download or read book Digital Constitutionalism in Europe written by Giovanni De Gregorio and published by Cambridge University Press. This book was released on 2022-05-26 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.
Book Synopsis European Constitutionalism Beyond the State by : J. H. H. Weiler
Download or read book European Constitutionalism Beyond the State written by J. H. H. Weiler and published by Cambridge University Press. This book was released on 2003-09-04 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
Book Synopsis European and US Constitutionalism by : Georg Nolte
Download or read book European and US Constitutionalism written by Georg Nolte and published by . This book was released on 2005 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks whether and how far constitutional theory and judicial practice differ between Europe and the United States. The areas explored are freedom of speech, human dignity, duty of the state to protect individuals from harm, adjudication by constitutional and other courts, and democratic theory and international influences.
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.
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.
Book Synopsis European and US Constitutionalism by : Georg Nolte
Download or read book European and US Constitutionalism written by Georg Nolte and published by . This book was released on 2005 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks whether and how far constitutional theory and judicial practice differ between Europe and the United States. The areas explored are freedom of speech, human dignity, duty of the state to protect individuals from harm, adjudication by constitutional and other courts, and democratic theory and international influences.
Book Synopsis Global Constitutionalism from European and East Asian Perspectives by : Takao Suami
Download or read book Global Constitutionalism from European and East Asian Perspectives written by Takao Suami and published by Cambridge University Press. This book was released on 2018-11-29 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines and compares East Asian and European perspectives of Global Constitutionalism.
Book Synopsis European and American Constitutionalism in the Eighteenth Century by : Michał Rozbicki
Download or read book European and American Constitutionalism in the Eighteenth Century written by Michał Rozbicki and published by . This book was released on 1990 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Europe's Functional Constitution by : Turkuler Isiksel
Download or read book Europe's Functional Constitution written by Turkuler Isiksel and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of "functional constitutionalism" to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.
Book Synopsis Eternity Clauses in Democratic Constitutionalism by : Silvia Suteu
Download or read book Eternity Clauses in Democratic Constitutionalism written by Silvia Suteu and published by Oxford University Press. This book was released on 2021-05-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
Book Synopsis The Worlds of European Constitutionalism by : Gráinne de Búrca
Download or read book The Worlds of European Constitutionalism written by Gráinne de Búrca and published by Cambridge University Press. This book was released on 2011-10-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, in both the EU's internal and its external relations. The book culminates in a dialogical epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike.
Book Synopsis European Constitutional Language by : András Jakab
Download or read book European Constitutional Language written by András Jakab and published by Cambridge University Press. This book was released on 2016-04-15 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.
Book Synopsis The Making of a European Constitution by : Michelle Everson
Download or read book The Making of a European Constitution written by Michelle Everson and published by Routledge. This book was released on 2007-09-21 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Constitutional mo(u)rning -- Retelling the legal integration story -- Forgetting law -- Adjudicating non-authoritative law -- Constitutionalising the institutional balance of powers -- The principled judicial mechanics of constitutional morphogenesis -- Constitutionalism beyond constitutions.
Book Synopsis The Making of a European Constitution by : Michelle Everson
Download or read book The Making of a European Constitution written by Michelle Everson and published by Routledge. This book was released on 2007-09-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.
Book Synopsis Constitutionalism and Rights by : Louis Henkin
Download or read book Constitutionalism and Rights written by Louis Henkin and published by Columbia University Press. This book was released on 1990 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do smokers claim that the first cigarette of the day is the best? What is the biological basis behind some heavy drinkers' belief that the "hair-of-the-dog" method alleviates the effects of a hangover? Why does marijuana seem to affect ones problem-solving capacity? Intoxicating Minds is, in the author's words, "a grand excavation of drug myth." Neither extolling nor condemning drug use, it is a story of scientific and artistic achievement, war and greed, empires and religions, and lessons for the future. Ciaran Regan looks at each class of drugs, describing the historical evolution of their use, explaining how they work within the brain's neurophysiology, and outlining the basic pharmacology of those substances. From a consideration of the effect of stimulants, such as caffeine and nicotine, and the reasons and consequences of their sudden popularity in the seventeenth century, the book moves to a discussion of more modern stimulants, such as cocaine and ecstasy. In addition, Regan explains how we process memory, the nature of thought disorders, and therapies for treating depression and schizophrenia. Regan then considers psychedelic drugs and their perceived mystical properties and traces the history of placebos to ancient civilizations. Finally, Intoxicating Minds considers the physical consequences of our co-evolution with drugs -- how they have altered our very being -- and offers a glimpse of the brave new world of drug therapies.
