Recent Trends in German and European Constitutional Law

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3540377204
Total Pages : 289 pages
Book Rating : 4.5/5 (43 download)

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Book Synopsis Recent Trends in German and European Constitutional Law by : Eibe H. Riedel

Download or read book Recent Trends in German and European Constitutional Law written by Eibe H. Riedel and published by Springer Science & Business Media. This book was released on 2010-05-17 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the German National Reports on Public Law presented at the XVIIth Congress of the International Academy of Comparative Law, Utrecht 2006. The articles provide an overview over recent developments and new issues in both European Constitutional and German Public Law from a German perspective and offer an in-depth analysis of the legal issues discussed. The book offers scholars as well as practitioners a sound basis for studies on a wide range of current and interesting issues in the field of comparative law.

Popular Sovereignty and the Crisis of German Constitutional Law

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Publisher : Duke University Press
ISBN 13 : 9780822319887
Total Pages : 324 pages
Book Rating : 4.3/5 (198 download)

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Book Synopsis Popular Sovereignty and the Crisis of German Constitutional Law by : Peter C. Caldwell

Download or read book Popular Sovereignty and the Crisis of German Constitutional Law written by Peter C. Caldwell and published by Duke University Press. This book was released on 1997 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).

The Transformation of Administrative Law in Europe

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Publisher : sellier. european law publ.
ISBN 13 : 3935808917
Total Pages : 335 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis The Transformation of Administrative Law in Europe by : Matthias Ruffert

Download or read book The Transformation of Administrative Law in Europe written by Matthias Ruffert and published by sellier. european law publ.. This book was released on 2007 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.

Principles of European Constitutional Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 184731550X
Total Pages : 856 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Principles of European Constitutional Law by : Armin von Bogdandy

Download or read book Principles of European Constitutional Law written by Armin von Bogdandy and published by Bloomsbury Publishing. This book was released on 2009-12-03 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven

German Constitutional Law

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Publisher : Oxford University Press
ISBN 13 : 0192535617
Total Pages : 606 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis German Constitutional Law by : Christian Bumke

Download or read book German Constitutional Law written by Christian Bumke and published by Oxford University Press. This book was released on 2019-02-06 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.

European Constitutional Language

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Publisher : Cambridge University Press
ISBN 13 : 1107130786
Total Pages : 531 pages
Book Rating : 4.1/5 (71 download)

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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.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

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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.

The German Federal Constitutional Court

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Publisher : Oxford University Press
ISBN 13 : 0192512102
Total Pages : 405 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The German Federal Constitutional Court by : Matthias Jestaedt

Download or read book The German Federal Constitutional Court written by Matthias Jestaedt and published by Oxford University Press. This book was released on 2020-03-05 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.

Public Administration in Germany

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Publisher : Springer Nature
ISBN 13 : 3030536971
Total Pages : 415 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Public Administration in Germany by : Sabine Kuhlmann

Download or read book Public Administration in Germany written by Sabine Kuhlmann and published by Springer Nature. This book was released on 2021-01-29 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.

Constitutional Courts in Comparison

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Author :
Publisher :
ISBN 13 : 9781785332739
Total Pages : 304 pages
Book Rating : 4.3/5 (327 download)

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Book Synopsis Constitutional Courts in Comparison by : Ralf Rogowski

Download or read book Constitutional Courts in Comparison written by Ralf Rogowski and published by . This book was released on 2016 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.

Foreign Policy Objectives in European Constitutional Law

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Publisher : Oxford University Press
ISBN 13 : 0191055980
Total Pages : 397 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Foreign Policy Objectives in European Constitutional Law by : Joris Larik

Download or read book Foreign Policy Objectives in European Constitutional Law written by Joris Larik and published by Oxford University Press. This book was released on 2016-03-24 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, Joris Larik confronts the trend of enshrining international ambitions in the highest laws of states and the European Union. Closely examining the provisions of foreign policy objectives, Larik differentiates their legal force and functions, situating them into the overall legal order of the state, the EU, and the composite 'European constitutional space'. He argues that the codification of foreign policy objectives suggests a progression in the evolution of the role of the constitution: from limiting public authority to guiding it towards certain goals, both at home and in the wider world. Advancing a comparative constitutional perspective for the study of EU external relations, this volume contributes a constitutional dimension to the 'normative power' debate in the study of EU foreign policy. Drawing on established national doctrines on constitutional objectives from Germany, France, and India, the book provides a common vocabulary for coming to terms with foreign policy objectives as legal norms across different jurisdictions. In the pluralist context and closely intertwined legal orders of the EU and its Member States, it shows how objectives help to channel the individual ambitions of the Member States through the Union framework towards a more coherent external action. Furthermore, the book connects its legal findings with the debate on the EU as an actor in international relations, exploring the role of these norms in inter-institutional struggles and processes of identity-shaping, legitimation, and socialization.

The Constitution of the United States

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Publisher : University of Chicago Press
ISBN 13 : 9780226131047
Total Pages : 182 pages
Book Rating : 4.1/5 (31 download)

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Book Synopsis The Constitution of the United States by : David P. Currie

Download or read book The Constitution of the United States written by David P. Currie and published by University of Chicago Press. This book was released on 2000-04-15 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: A masterly introduction to the United States Constitution, this slim book leads the reader through a concise overview of the document's individual articles and amendments. With clear and accessible language, Currie then examines each of the three branches of the federal government and explains the relation between the federal and state governments. He analyzes those constitutional provisions that are designed to protect citizens from governmental interference, such as the due process and equal protection clauses and the confusing first amendment provisions respecting the separation of church and state, and includes discussions of judicial review and freedom of speech and of the press. A sympathetic yet critical guide, Currie's book enables students and laypersons to understand one of the cornerstones of the Western political tradition. The second edition, along with an updated chronology and bibliography, incorporates the Supreme Court decisions over the past decade that have affected constitutional interpretation. "Superb . . . highly recommended for those seeking a reliable, understandable, and useful introduction to our constitution."—Appellate Practice Journal and Update

The European Constitution

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Publisher : Edward Elgar Publishing
ISBN 13 : 1847206786
Total Pages : 329 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis The European Constitution by : Giuliano Amato

Download or read book The European Constitution written by Giuliano Amato and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'I can enthusiastically recommend and endorse this book. It serves the very important purpose of collecting key documents together in an elegant and accessible text. There currently exists a huge proliferation of material on the EU Constitution this volume makes a very wise selection of this profusion, compiling it into a manageable and informative whole. Nine chapters deal with the most significant matters concerning the Constitution. A short but well written introduction at the start of each chapter precedes following extracts. Part of the value of this book lies in the fact that it includes translations of some important documents which are difficult, or impossible, to access in English for example, recent decisions of national courts concerning the European Arrest Warrant. All in all, this work is a comprehensive, but not overwhelmingly large, collection of materials on the EU Constitution, and it will prove extremely valuable to all those working within this area of law. By presenting the Constitution, the background to the Constitution, and the issues it deals with, in this clear and informative way, it will shed new light upon, and help all of us to form our own judgements on, the EU Constitution, and its importance to our lives.' Sionaidh Douglas-Scott, King's College London, UK 'Whatever the ultimate fate of the EU's Constitutional Treaty, both the events which led to its conclusion and those which occurred afterwards during its ill-fated ratification process have profoundly shaped the future of the European Union as a constitutional project. This collection of materials offers an invaluable set of resources for understanding these events, in their widest legal and political context. The text will be useful to all those who seek to understand both why the EU has reached such a turning point, and where it might go in the future.' Jo Shaw, Edinburgh Law School, UK This book offers a selection of materials that enable a better understanding of some of the most important changes that would be introduced by the Treaty establishing a Constitution for Europe in the EU legal and political system. It also helps to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the formulations agreed upon by the signatory Member States. The book includes excerpts of the European Convention's work, selected statutory and constitutional provisions of the Member States, and also related passages from pertinent court decisions from both European courts as well as Member States' constitutional courts. Institutional and doctrinal analyses and relevant excerpts from the Constitutional Treaty itself are also included. Many of these documents directly relate to the provisions of the Constitutional Treaty, while the others, although not directly related, are nevertheless relevant to the debate surrounding it. The European Constitution, by two of the best experts on the Constitution for Europe, will be of great interest to researchers and teachers in the fields of European Law and European politics, and also to policy makers in European affairs.

The Constitutional Jurisprudence of the Federal Republic of Germany

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Author :
Publisher : Duke University Press
ISBN 13 : 9780822318385
Total Pages : 656 pages
Book Rating : 4.3/5 (183 download)

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Book Synopsis The Constitutional Jurisprudence of the Federal Republic of Germany by : Donald P. Kommers

Download or read book The Constitutional Jurisprudence of the Federal Republic of Germany written by Donald P. Kommers and published by Duke University Press. This book was released on 1997 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kommers's comprehensive work surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996. Extensively revised and expanded to take into account recent developments since German unification, this second edition describes the background, structure, and functions of the Court and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions. These cases include the highly controversial religious liberty and free speech cases handed down in 1995.

The Ultimate Rule of Law

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199269808
Total Pages : 228 pages
Book Rating : 4.2/5 (698 download)

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Book Synopsis The Ultimate Rule of Law by : David M. Beatty

Download or read book The Ultimate Rule of Law written by David M. Beatty and published by Oxford University Press, USA. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.

Courts, Politics and Constitutional Law

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Author :
Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 189 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov

Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

The Lander and German Federalism

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Author :
Publisher : Manchester University Press
ISBN 13 : 9780719065330
Total Pages : 426 pages
Book Rating : 4.0/5 (653 download)

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Book Synopsis The Lander and German Federalism by : Arthur Gunlicks

Download or read book The Lander and German Federalism written by Arthur Gunlicks and published by Manchester University Press. This book was released on 2003-11-22 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed introduction to how the Lander (the 16 states of Germany) function not only within the country itself but also within the wider context of European political affairs. Some knowledge of the role of the Lander is essential to an understanding of the political system as well as of German federalism. This book traces the origin of the Lander. It looks at their place in the constitutional order of the country and the political and administrative system. Their organization and administration are fully covered, as is their financing. Parties and elections in the Lander and the controversial roles of parliaments and deputies are also examined.