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Author: Nóra Chronowski
Publisher: Editions L'Harmattan
ISBN: 2140091515
Category : Law
Languages : en
Pages : 250
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Book Description
No constitutional question is worthwhile to discuss through the prism of solely the national legal system. Our understanding of backsliding and perils challenging liberal constitutionalism should move ahead. For that purpose, the multilevel approach of this book provides thorough analysis on certain current global, European and Hungarian issues in the field of human rights protection. Business and human rights at the global stage, common fundamental rights standards and their enforcement in the European legal space, and the rule by law constitutionalism of Hungary.
Author: Nóra Chronowski
Publisher: Editions L'Harmattan
ISBN: 2140091515
Category : Law
Languages : en
Pages : 250
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Book Description
No constitutional question is worthwhile to discuss through the prism of solely the national legal system. Our understanding of backsliding and perils challenging liberal constitutionalism should move ahead. For that purpose, the multilevel approach of this book provides thorough analysis on certain current global, European and Hungarian issues in the field of human rights protection. Business and human rights at the global stage, common fundamental rights standards and their enforcement in the European legal space, and the rule by law constitutionalism of Hungary.
Author: Chronowski Nora Chronowski
Publisher:
ISBN: 9782336842547
Category :
Languages : en
Pages :
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Book Description
Author: RANDAZZO BARBARA
Publisher: Giappichelli
ISBN:
Category : Law
Languages : en
Pages : 0
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Book Description
Author: Maja Sahadžić
Publisher: Taylor & Francis
ISBN: 1000909492
Category : Law
Languages : en
Pages : 262
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Book Description
This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.
Author: Mercedes Pérez Manzano
Publisher: Springer
ISBN: 3319638653
Category : Law
Languages : en
Pages : 237
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Book Description
This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Río Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.
Author: Nico Krisch
Publisher: Oxford University Press, USA
ISBN: 0199228310
Category : Law
Languages : en
Pages : 383
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Book Description
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Author: Patricia Popelier
Publisher:
ISBN: 9781780681061
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
Constitutional review has not only expanded geographically, it has also expanded in its mission and function, acquiring new subject areas and new roles and responsibilities. In examining these new roles and responsibilities, this collection of essays reflects on constitutional review as an aspect of constitutionalism framed in the context of multilevel governance. Bringing together a number of remarkable, yet varied, contributions, the book explores how institutional changes of multilevel governance have transformed the notion, shape, and substance of constitutional review. To this end, four key roles, both new and old, are identified: 1) courts act as guardians of fundamental rights, 2) they oversee the institutional balance, 3) they provide a deliberative forum, and 4) they assume the function of a regulatory watchdog. The book explores these different roles played by national and European courts, and it examines the challenges brought about by the involvement in multilevel networks and the shift to new concepts of governance. (Series: Law and Cosmopolitan Values - Vol. 3)
Author: Hanneke Senden
Publisher:
ISBN: 9781780680279
Category : Civil rights
Languages : en
Pages : 0
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Book Description
Fundamental rights provisions are known for their relatively vague and general formulation. As a result, judges dealing with these provisions are confronted with many and often controversial interpretative choices. These interpretative choices already present judges operating in a national context with difficulties, but even more so for European judges operating in a multilevel context. The European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) are often criticized for delivering judgments that contain debatable choices, and they do not offer sufficient insight into the reasons which led to making these choices. Especially in a multilevel context, where the cooperation of national authorities plays an important role as regards the effectiveness of the European courts, it is important that interpretation methods and principles are used in a transparent manner so that the reasons that justify a specific interpretative choice are clear. This book analyzes the use of a selected number of interpretation methods and principles in the fundamental rights case law of the ECtHR and the CJEU. The use of teleological, comparative, evolutive, and autonomous interpretation by the ECtHR and the CJEU are elaborately discussed on the basis of both legal theoretical literature and case law. The legal theoretical analysis provides the basis for various relevant questions, hypotheses, and (analytical) suggestions, that are further studied in the subsequent case law analysis. This leads to a thorough overview of the role of these interpretation methods and principles, as well as the possibilities for improvement. This volume has been written as a PhD thesis in the framework of the research project "Judicial Reasoning in Fundamental Rights Cases: National and European Perspectives." (Series: School of Human Rights Research - Vol. 46)
Author: Trevor R. S. Allan
Publisher: Oxford University Press, USA
ISBN: 9780199267880
Category : Law
Languages : en
Pages : 348
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Book Description
Scope of Judicial Review
Author: Ernst-Ulrich Petersmann
Publisher: Hart Publishing
ISBN: 9781509909131
Category : Constitutional law
Languages : en
Pages :
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Book Description
Introduction : from democratic and republican to cosmopolitan constitutionalism in multilevel governance of public goods -- Human rights, "constitutional" treaty interpretation and judicial protection of individual rights in multilevel governance of public goods -- Constituting, limiting, regulating and justifying multilevel governance through multilevel "republican constitutionalism"--Civilizing and constitutionalizing "disconnected" UN, WTO and EU governance require "cosmopolitan constitutionalism" : legal methodology challenges
