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Author:
Publisher:
ISBN: 9788469462744
Category :
Languages : es
Pages : 86
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Book Description
Author: Stefan Griller
Publisher: Bloomsbury Publishing
ISBN: 1509906746
Category : Law
Languages : en
Pages : 863
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Book Description
Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration.
Author: Francisco J. Bellido
Publisher: Taylor & Francis
ISBN: 1000846679
Category : History
Languages : en
Pages : 169
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Book Description
This book delves into the conceptual changes produced by the Spanish constitutional debate held between 27 August and 9 December 1931. Taking place at the beginning of Spain’s Second Republic, those parliamentary deliberations brought about significant novelties in the political vocabulary. Concepts such as democracy, sovereignty, reform, revolution, and freedom, among others, were re-signified. This study investigates the conceptual contributions made by Spanish MPs in the course of the constitutional debate of 1931 by assuming, as a research approach, an interdisciplinary stance combining conceptual history, political theory, and parliamentary constitutional history. By doing so, it selects five determining issues: the pervasive discussion about two competing meanings of a democratic state; the rhetorical uses of reform and revolution; conceptual controversies about religious freedom; the disputed idea of property rights; and the functions of parliament and the president of the republic in a semi-presidential regime. The constitutional debate was largely inspired by interwar European constitutionalism which constituent representatives used to update the Spanish constitutional tradition. With that goal in mind, this book is aimed at undergraduate and graduate students and scholars working in the fields of conceptual history, political philosophy, parliamentary history, European political history, and European constitutionalism. Licence line: The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author: Anneli Albi
Publisher: Springer
ISBN: 9462652732
Category : Law
Languages : en
Pages : 1522
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Book Description
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.
Author: M. C. Mirow
Publisher: Cambridge University Press
ISBN: 1316467686
Category : History
Languages : en
Pages : 337
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Book Description
Latin American Constitutions provides a comprehensive historical study of constitutionalism in Latin America from the independence period to the present, focusing on the Constitution of Cádiz, a foundational document in Latin American constitutionalism. Although drafted in Spain, it was applied in many regions of Latin America, and deputies from America formed a significant part of the drafting body. The politicization of constitutionalism reflected in Latin America's first moments proved to be a lasting legacy evident in the legal and constitutional world of the region today: many of Latin America's present challenges to establishing effective constitutionalism can be traced to the debates, ideas, structures, and assumptions of this text. This book explores the region's attempts to create effective constitutional texts and regimes in light of an established practice of linking constitutions to political goals and places important constitutional thinkers and regional constitutions, such as the Mexican Constitution of 1917, into their legal and historical context.
Author: Victor Ferreres Comella
Publisher: Bloomsbury Publishing
ISBN: 1782251340
Category : Law
Languages : en
Pages : 166
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Book Description
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.
Author: Alice Martini
Publisher: Taylor & Francis
ISBN: 1000922235
Category : Political Science
Languages : en
Pages : 278
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Book Description
This volume is a timely contribution to the current debates and potential efforts to study and counter the phenomena of extreme right violence in a period when the rise of right-wing extremism is being witnessed across the globe. Against this backdrop, the violent radicalisation and extremism of individuals and groups belonging to the extreme right threaten to undermine and destabilize societies and democratic orders, leaving a research gap that has only started to be filled in recent years, but that is still quite wide when it comes to counter-terrorism approaches to extreme right violence. Learning from the past, and trying to avoid similar mistakes, this volume creates a much-needed space for open, honest, and ethical debate around countering extreme right violence, answering social and political calls to debate how to counter this kind of violence. This volume brings together a group of interdisciplinary scholars to contribute to national and international, academic and policy debates about countering extreme right violence from a critical perspective. Volume I focuses particularly on exploring how extreme right violence has been approached, narrated and made sense of in different spatial and temporal contexts, examining how political actors such as media and politicians portray the threat of and actual violence perpetrated by the extreme right, deconstructing current counter-terrorism approaches, and formulating a critical approach to researching extreme right violence. It will be of great interest to all students of terrorism studies, security studies, international relations, and political science in general. The chapters in this book were originally published in Critical Studies on Terrorism.
Author: Stefan Griller
Publisher: Bloomsbury Publishing
ISBN: 1509935800
Category : Law
Languages : en
Pages : 803
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Book Description
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.
Author: Zsófia Varga
Publisher: Bloomsbury Publishing
ISBN: 1509939202
Category : Law
Languages : en
Pages : 312
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Book Description
Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States? This book offers a unique analysis of the principle – not from the usual EU-focused point of view but from the view of the practical Member State – and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability in the Member States.
Author: Babak Amini
Publisher: Routledge
ISBN: 1317202511
Category : Political Science
Languages : en
Pages : 202
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Book Description
The complex trajectory of Europe after the 2008 global financial crisis, has led to the catastrophic failure of deep austerity measures that swept across the Union, and is reflected in the rise of some radical left parties such as SYRIZA as well as an unfortunate rise in far right and nationalist parties and movements. This collection brings together a group of European scholars and activists from various European countries to discuss the recent economic, political, and electoral changes in respective countries, and the current status and future plans of radical left parties and movements. This book fills a significant gap within the current literature in the English-speaking world on post-2008 Europe, featuring a nation-based European wide survey of the current activities and plans of radical Left parties and movements in relation to the mounting social, political, and economic problems in Europe. This book contributes to the discussion by presenting a realistic depiction of the existing radical Left forces in Europe. This title was previously published as a special issue of Socialism and Democracy.
Author: Hermann-Josef Blanke
Publisher: Springer Science & Business Media
ISBN: 3642317065
Category : Law
Languages : en
Pages : 1821
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Book Description
The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.
