The Constitution of Spain

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782251340
Total Pages : 166 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Constitution of Spain by : Victor Ferreres Comella

Download or read book The Constitution of Spain written by Victor Ferreres Comella and published by Bloomsbury Publishing. This book was released on 2013-05-13 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical introduction to the principles and institutions that make up the Spanish Constitution, which was enacted in 1978. It first explains the process of transition from Franco's dictatorship to democracy, in order to understand the historical circumstances under which the Constitution was framed. After offering a theory to justify the authority of the Constitution over ordinary laws, the book proceeds to explain the basic principles of the Spanish political regime, as well as the structure of its complex legal system. Later chapters focus on various institutions, such as the Crown, Parliament and the Government. A specific chapter is devoted to the territorial distribution of power between the State, the regions and local government. The last two chapters deal with the constitutional role of courts, and the protection of fundamental rights. The book includes some reflections on the challenges that lie ahead and the constitutional reforms that may need to be considered in the future.

1812 Echoes

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443850837
Total Pages : 455 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis 1812 Echoes by : Stephen G.H. Roberts

Download or read book 1812 Echoes written by Stephen G.H. Roberts and published by Cambridge Scholars Publishing. This book was released on 2013-07-26 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book commemorates the bicentenary of the landmark Spanish Constitution of 1812. Drafted by Spanish and colonial Spanish American liberals (and non-liberals) holed up in Cadiz as Napoleon’s troops occupied the surrounding hills, this war-time Constitution set out radically to redefine ‘the Spanish nation’ for a new age. In the event, it divided Spaniards and threw into sharp relief the question of Spain’s legitimacy in her American colonies. Cadiz 1812 is a defining moment in the modern history of the Spanish-speaking world. Bringing together specialists in the history, politics and culture of Spain and Latin America (the Cadiz text was a cultural and ethnic document as much as a politico-legal one), this volume represents the only large-scale commemoration in the UK of one of the world’s first liberal constitutional tracts. The point of the book, however, as of the conference and accompanying exhibition on which it is based, is not solely to reflect on the significance and repercussions of Cadiz 1812 on both sides of the Hispanic Atlantic at the time. The book also considers later interpretations of Cadiz 1812 and examines, in addition, other constitutions in the Spanish-speaking world beyond 1812. Subjects treated include: Spain’s crisis of absolutism; the Inquisition before the Constitution; liberalism and Catholicism; discourses of the 1812 Constitution; the question of sovereignty; political theatre during the Napoleonic invasion; Goya; the Spanish crisis in the British press; Lord Holland and Blanco White; Pérez Galdós’s Cádiz; futuristic literary representations of Spain’s nineteenth-century crisis; political and philosophical echoes in Latin America in the nineteenth and twentieth centuries – in Cúcuta, Mexico, Argentina and Cuba; and, finally, politico-philosophical echoes in Spain – in the Liberal Triennium, in the mid-nineteenth century, in the Spanish Second Republic, in 1978, and in 2011 in the midst of the financial (but it is also a constitutional) crisis. The volume includes a specially-conducted interview with Spanish politician Alfonso Guerra, one of the figures behind the Spanish Constitution of 1978.

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 Federalization of Spain

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Publisher : Routledge
ISBN 13 : 1135275661
Total Pages : 197 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis The Federalization of Spain by : Luis Moreno

Download or read book The Federalization of Spain written by Luis Moreno and published by Routledge. This book was released on 2013-10-11 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the origins of the complex system of devolution and regional home rule that currently shapes and directs the Spanish political process.

Comparative Constitutional Reasoning

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Publisher : Cambridge University Press
ISBN 13 : 1108138616
Total Pages : 867 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Comparative Constitutional Reasoning by : András Jakab

Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

Constitutional Identity in a Europe of Multilevel Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1108480438
Total Pages : 393 pages
Book Rating : 4.1/5 (84 download)

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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 2020 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.

Elites and Democratic Consolidation in Latin America and Southern Europe

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Publisher : Cambridge University Press
ISBN 13 : 9780521424226
Total Pages : 372 pages
Book Rating : 4.4/5 (242 download)

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Book Synopsis Elites and Democratic Consolidation in Latin America and Southern Europe by : John Higley

Download or read book Elites and Democratic Consolidation in Latin America and Southern Europe written by John Higley and published by Cambridge University Press. This book was released on 1992 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished group of scholars examine recent transitions to democracy and the prospects for democratic stability in Argentina, Brazil, Chile, the Dominican Republic, Peru, Portugal, Spain and Uruguay. They also assess the role of elites in the longer-established democratic regimes in Columbia, Costa Rica, Italy, Mexico and Venezuela. The authors conclude that in independent states with long records of political instability and authoritarian rule, democratic consolidation requires the achievement of elite 'consensual unity' - that is, agreement among all politically important elites on the worth of existing democratic institutions and respect for democratic rules-of-the-game, coupled with increased 'structural integration' among those elites. Two processes by which consensual unity can be established are explored - elite settlement, the negotiating of compromises on basic disagreements, and elite convergence, a more subtle series of tactical decisions by rival elites which have cumulative effect, over perhaps a generation.

Claims for Secession and Federalism

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Author :
Publisher :
ISBN 13 : 9783319597089
Total Pages : 588 pages
Book Rating : 4.5/5 (97 download)

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Book Synopsis Claims for Secession and Federalism by : Alberto López Basaguren

Download or read book Claims for Secession and Federalism written by Alberto López Basaguren and published by . This book was released on 2019 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume, incorporating the work of scholars from various parts of the globe, taps the wisdom of the Westphalian (and post-Westphalian) world on the use of federalism and secession as tools for managing regional conflicts. The debate has rarely been more important than it is right now, especially in light of recent events in Catalonia, Scotland, Québec and the Sudan - all unique political contexts raising similar questions about how best to balance competing claims for autonomy, interdependence, political voice, and exit. Exploring how various nations have encountered comparable conflicts, some more and some less successfully, the book broadens the perspectives of scholars, government officials, and citizens struggling to resolve sovereignty conflicts with a full appreciation of the underlying principles they represent.

Judicial Power

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Publisher : Cambridge University Press
ISBN 13 : 1316999084
Total Pages : 411 pages
Book Rating : 4.3/5 (169 download)

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Book Synopsis Judicial Power by : Christine Landfried

Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.

Riding the Populist Wave

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Publisher : Cambridge University Press
ISBN 13 : 1009007114
Total Pages : 371 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Riding the Populist Wave by : Tim Bale

Download or read book Riding the Populist Wave written by Tim Bale and published by Cambridge University Press. This book was released on 2021-08-26 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: In spite of the fact that Conservative, Christian democratic and Liberal parties continue to play a crucial role in the democratic politics and governance of every Western European country, they are rarely paid the attention they deserve. This cutting-edge comparative collection, combining qualitative case studies with large-N quantitative analysis, reveals a mainstream right squeezed by the need to adapt to both 'the silent revolution' that has seen the spread of postmaterialist, liberal and cosmopolitan values and the backlash against those values – the 'silent counter-revolution' that has brought with it the rise of a myriad far right parties offering populist and nativist answers to many of the continent's thorniest political problems. What explains why some mainstream right parties seem to be coping with that challenge better than others? And does the temptation to ride the populist wave rather than resist it ultimately pose a danger to liberal democracy?

Handbook of Human Dignity in Europe

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Publisher : Springer
ISBN 13 : 9783319280813
Total Pages : 0 pages
Book Rating : 4.2/5 (88 download)

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Book Synopsis Handbook of Human Dignity in Europe by : Paolo Becchi

Download or read book Handbook of Human Dignity in Europe written by Paolo Becchi and published by Springer. This book was released on 2019-05-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a systematic overview of the legal concept and the meaning of human dignity for each European state and the European Union. For each of these 43 countries and the EU, it scrutinizes three main aspects: the constitution, legislation, and application of law (court rulings). The book addresses and presents answers to important questions relating to the concept of human dignity. These questions include the following: What is the meaning of human dignity? What is the legal status of the respective human dignity norms? Are human dignity norms of a programmatic nature, or do they establish an individual right which can be invoked before court? Is human dignity inviolable? The volume answers these questions from the perspectives of all European countries. As a reaction to the barbaric events during World War II, human dignity (dignitas) found its way into international law. Article 1 of the Universal Declaration of Human Rights (UDHR) states that “[a]ll human beings are born free and equal in dignity and rights.” The starting point for developing the concept on a national level was the codification of human dignity in article 1, paragraph 1 of the German Grundgesetz. Consequently, the concept of human dignity spread throughout Europe and, in the context of human rights, became a fundamental legal concept.

Symbol and Ritual in the New Spain

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Publisher : Cambridge University Press
ISBN 13 : 9780521628853
Total Pages : 224 pages
Book Rating : 4.6/5 (288 download)

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Book Synopsis Symbol and Ritual in the New Spain by : Laura Desfor Edles

Download or read book Symbol and Ritual in the New Spain written by Laura Desfor Edles and published by Cambridge University Press. This book was released on 1998-04-16 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about the role of culture in social change and the Spanish transition to democracy after Franco. Laura Desfor Edles takes a distinctively culturalist approach to the 'strategy of consensus' deployed by the Spanish elite and uses systematic textual interpretation (with a particular focus on Spanish newspapers) to show how a new symbolic framework emerged in post-Franco Spain which enabled the resolution of specific events critical to the success of the transition. In addition to uncovering underlying processes of symbolization, she shows that politico-historical transitions can themselves be understood as ritual processes, involving as they do phases and symbols of separation, liminality and re-aggregation.

Spanish Constitution, 1978

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Publisher :
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.3/5 (555 download)

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Book Synopsis Spanish Constitution, 1978 by : Spain

Download or read book Spanish Constitution, 1978 written by Spain and published by . This book was released on 1979 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Practising Self-Government

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Publisher : Cambridge University Press
ISBN 13 : 1107018587
Total Pages : 517 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Practising Self-Government by : Yash Ghai

Download or read book Practising Self-Government written by Yash Ghai and published by Cambridge University Press. This book was released on 2013-08-29 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how the constitutional frameworks for autonomies around the world really work.

Speaking of Spain

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Publisher : Harvard University Press
ISBN 13 : 067497932X
Total Pages : 380 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Speaking of Spain by : Antonio Feros

Download or read book Speaking of Spain written by Antonio Feros and published by Harvard University Press. This book was released on 2017-04-03 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Momentous changes swept Spain in the fifteenth century. A royal marriage united Castile and Aragon, its two largest kingdoms. The last Muslim emirate on the Iberian Peninsula fell to Spanish Catholic armies. And conquests in the Americas were turning Spain into a great empire. Yet few in this period of flourishing Spanish power could define “Spain” concretely, or say with any confidence who were Spaniards and who were not. Speaking of Spain offers an analysis of the cultural and political forces that transformed Spain’s diverse peoples and polities into a unified nation. Antonio Feros traces evolving ideas of Spanish nationhood and Spanishness in the discourses of educated elites, who debated whether the union of Spain’s kingdoms created a single fatherland (patria) or whether Spain remained a dynastic monarchy comprised of separate nations. If a unified Spain was emerging, was it a pluralistic nation, or did “Spain” represent the imposition of the dominant Castilian culture over the rest? The presence of large communities of individuals with Muslim and Jewish ancestors and the colonization of the New World brought issues of race to the fore as well. A nascent civic concept of Spanish identity clashed with a racialist understanding that Spaniards were necessarily of pure blood and “white,” unlike converted Jews and Muslims, Amerindians, and Africans. Gradually Spaniards settled the most intractable of these disputes. By the time the liberal Constitution of Cádiz (1812) was ratified, consensus held that almost all people born in Spain’s territories, whatever their ethnicity, were Spanish.

Fundamental Rights Challenges

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Author :
Publisher : Springer Nature
ISBN 13 : 303072798X
Total Pages : 298 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Fundamental Rights Challenges by : Cristina Izquierdo-Sans

Download or read book Fundamental Rights Challenges written by Cristina Izquierdo-Sans and published by Springer Nature. This book was released on 2021-06-17 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.

Early Modern Spain

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Publisher : University of Pennsylvania Press
ISBN 13 : 9780812218459
Total Pages : 290 pages
Book Rating : 4.2/5 (184 download)

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Book Synopsis Early Modern Spain by : Jon Cowans

Download or read book Early Modern Spain written by Jon Cowans and published by University of Pennsylvania Press. This book was released on 2003-05-12 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: "It is difficult to think of a better way of introducing students to the rich diversity of Hispanic civilization in the Golden Age and Enlightenment than through the pages of this book."—History