Institutional Challenges in Post-Constitutional Europe PDF Download
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Author: Catherine Moury
Publisher: Routledge
ISBN: 1134012780
Category : Law
Languages : en
Pages : 161
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Book Description
Brings together leading experts in the field to explore how the European Union’s institutional structure, rules and processes should be shaped, in order to respond to the old and new challenges it is facing.
Author: Catherine Moury
Publisher: Routledge
ISBN: 1134012780
Category : Law
Languages : en
Pages : 161
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Book Description
Brings together leading experts in the field to explore how the European Union’s institutional structure, rules and processes should be shaped, in order to respond to the old and new challenges it is facing.
Author: Karlheinz Neunreither
Publisher: OUP Oxford
ISBN: 0191522651
Category : Political Science
Languages : en
Pages : 402
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Book Description
European integration is at a turning point with implications for all member states and their citizens. The Amsterdam treaty marks a shift towards constitutional issues. Integration has involved a continually evolving process of constitution making. A group of leading scholars argue that the shift towards constitutional issues is rooted not only in the issues on the European level, but also in shifting models of political and economic organisation in the member states. Paradoxically, however, this push towards integration is accompanied by a number of institutional changes and political decisions, which challenge the picture of on-going integration, and indicate a shift towards a new pluralism in the Euro-polity. The contributors address questions such as; what are the likely effects of the Amsterdam treaty changes in comparison with Maastricht?; how will these changes effect the complex balance among the governing institutions of the EU?; and what will be the implications for the lingering quest for democracy?
Author: Zoltán Szente
Publisher: Routledge
ISBN: 1351674749
Category : Law
Languages : en
Pages : 324
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Book Description
In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends. This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.
Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1317052080
Category : Law
Languages : en
Pages : 284
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Book Description
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
Author: Fruzsina Gárdos-Orosz
Publisher: Routledge
ISBN: 1000386228
Category : Business & Economics
Languages : en
Pages : 309
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Book Description
This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 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: Aylin Ünver Noi
Publisher:
ISBN: 9780990772064
Category : Political Science
Languages : en
Pages : 0
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Book Description
Democracy, which protects freedom and citizens' rights more than any other regime, is in crisis today. In recent years, it has become exhausted in its European center and along its periphery. Citizen trust of the European Union's democratic institutions has been fading. The EU's "normative power" -- its ability to spread its norms and values to other states -- and its "soft power" -- its ability to attract others to its point of view -- are now seen as less likely to achieve the expected goals of spreading democracy within EU countries and creating a ring of well-governed states in neighboring countries. Democracy and its institutions need to adapt to these new challenges. Respected authors and experts offer fresh and creative answers to the challenges of democracy in the European Union and its neighboring countries by offering a transatlantic perspective.
Author: András Jakab
Publisher: Cambridge University Press
ISBN: 1107130786
Category : Law
Languages : en
Pages : 531
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Book Description
Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.
Author: Michael O'Neill
Publisher: Routledge
ISBN: 1134183372
Category : Law
Languages : en
Pages : 593
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Book Description
The European Union (EU) Constitution is one of the most important developments in the history of the EU. The Constitution aims to make the EU more transparent, relevant and accountable to the citizens of its member states. The European Constitution provides the most comprehensive account of why the Constitution developed and what its implications are.
Author: Ben Crum
Publisher: Routledge
ISBN: 113658210X
Category : Political Science
Languages : en
Pages : 277
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Book Description
The negative results of referenda on the European Union (EU) Constitutional Treaty in France and the Netherlands, and subsequent low-key adoption of the Treaty of Lisbon raise complex questions about the possible democratization of international organisations. This book provides a full analysis of the EU Constitutional Treaty process, grounded in broader political theoretical debates about democratic constitutionalisation and globalization. As international organizations become permanent systems of governance that directly interfere in individuals’ lives, it is not enough to have them legitimated by the consent of governments alone. This book presents an evaluation of the present EU Treaty of Lisbon in comparison with the original EU Constitutional Treaty, and analyses the importance of consent of the people, asking if saving the treaty came at the cost of democracy. Drawing first-hand on the European Convention and the referendum in the Netherlands, this book outlines an original political theory of democratic constitutionalisation beyond the nation-state, and argues that international organizations can be put on democratic foundations, but only by properly engaging national political structures. Learning from the EU Constitutional Treaty will be of interest to students and scholars of European Union politics, history and policy.
