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Author: Patricia Popelier
Publisher: Bloomsbury Publishing
ISBN: 1782259465
Category : Law
Languages : en
Pages : 278
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Book Description
The Belgian Constitution, once described as a model of consensus democracy, has now become an enigma in comparative federalism. On the one hand, it demonstrates features which suggest institutional instability as well as elements that enhance the probability of secession. On the other hand, Belgium continues to exist as a federal system, based upon linguistic bipolarity. This linguistic bipolarity dominates Belgian politics and has shaped the design of Belgium's institutions as well as the Constitution's fundamental organising principles: concepts of federalism, democracy, separation of powers, constitutionalism and the rule of law. In this book, the institutional structure and the principles governing the Belgian constitutional system are explained in the light of its historical, demographic and political context. Linguistic bipolarity and its historical evolution explain the establishment of the Belgian State structure as a dual federalism, with exclusive powers, instruments for consensus making and obstruction, and elements of confederal decision making. It also explains the evolution in the concept of principles of democracy and the rule of law. Besides describing the devolutionary process, the book also incorporates two other elements that have shaped the Belgian constitutional landscape: fundamental rights and Europeanisation.
Author: Patricia Popelier
Publisher: Bloomsbury Publishing
ISBN: 1782259465
Category : Law
Languages : en
Pages : 278
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Book Description
The Belgian Constitution, once described as a model of consensus democracy, has now become an enigma in comparative federalism. On the one hand, it demonstrates features which suggest institutional instability as well as elements that enhance the probability of secession. On the other hand, Belgium continues to exist as a federal system, based upon linguistic bipolarity. This linguistic bipolarity dominates Belgian politics and has shaped the design of Belgium's institutions as well as the Constitution's fundamental organising principles: concepts of federalism, democracy, separation of powers, constitutionalism and the rule of law. In this book, the institutional structure and the principles governing the Belgian constitutional system are explained in the light of its historical, demographic and political context. Linguistic bipolarity and its historical evolution explain the establishment of the Belgian State structure as a dual federalism, with exclusive powers, instruments for consensus making and obstruction, and elements of confederal decision making. It also explains the evolution in the concept of principles of democracy and the rule of law. Besides describing the devolutionary process, the book also incorporates two other elements that have shaped the Belgian constitutional landscape: fundamental rights and Europeanisation.
Author: E. Ramón Arango
Publisher: JHU Press
ISBN: 1421434687
Category : History
Languages : en
Pages : 217
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Book Description
Originally published in 1963. Between 1945 and 1951, Belgium faced a crisis in political leadership when its ruling monarch, King Leopold III, was accused of violating the Belgian Constitution during World War II. The "question" at hand refers to the uncertainty over whether King Leopold III could return to Belgium as king. Leopold III and the Belgian Royal Question documents the history of this political crisis, culminating with the abdication of King Leopold and the assumption of the crown by Baudouin, Leopold's son.
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: Christian Calliess
Publisher: Cambridge University Press
ISBN: 1108480438
Category : Law
Languages : en
Pages : 393
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Book Description
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Author: Els Witte
Publisher: ASP / VUBPRESS / UPA
ISBN: 9054875178
Category : History
Languages : en
Pages : 517
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Book Description
The political history of Belgium is a fascinating story that should not be kept from speakers of English in Belgium and abroad. From an international point of view, Belgium has been a trendsetter in many ways. It was the first country on the European continent to experience a quick process of industrialisation, with the development of the first liberal state following closely behind. More than elsewhere, liberalism reigned supreme in the 19th century, and as a result the social question was raised with great vehemence. The World Wars put Belgium in the middle of the fighting twice over; especially after 1945, the country played a prominent international role, first in the foundation of the Atlantic alliance and the European construction, and later in the decolonisation of the Congo. In the meantime, Belgium has developed into one of the countries experiencing the full force of globalisation, and, thanks to Brussels, into one of the preeminent international political centres. Belgium is also a model of pacification democracy. Throughout many conflicts during the 19th and 20th centuries, an enduring compromise grew between Catholics and freethinkers, making Belgium one of the most pluralistic countries in Europe today. The fierce conflict between workers and employers, in its turn, led to a well-functioning model of a consultation and welfare state. Two cultures live together in Belgium. Up until the second half of the past century, the Flemish majority was at an economic, political and cultural disadvantage; during the process of catching up, coinciding with the demise of the Walloon economy, a complex federal model developed, in which cosmopolitan Brussels takes a very special position. This book aims to offer a historical perspective in interpreting the current tensions in Belgian politics based on scientific literature. Political History of Belgium is without doubt the outstanding authoritative reference work about the political history of a country at the centre of the development of Europe. As such, it offers essential background information for politicians, policy makers, civil servants, journalists, researchers, students and anyone with an interest in Belgium and Europe.
Author: A.V. Dicey
Publisher: Springer
ISBN: 134917968X
Category : Social Science
Languages : en
Pages : 729
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Book Description
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author: Aarif Abraham
Publisher: BoD – Books on Demand
ISBN: 3838215168
Category : Political Science
Languages : en
Pages : 382
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Book Description
Britain does not have a written constitution. It has rather, over centuries, developed a set of miscellaneous conventions, rules, and norms that govern political behavior. By contrast, Bosnia’s constitution was written, quite literally, overnight in a military hanger in Dayton, USA, to conclude a devastating war. By most standards it does not work and is seen to have merely frozen a conflict and all development with it. What might these seemingly unrelated countries be able to teach each other? Britain, racked by recent crises from Brexit to national separatism, may be able to avert long-term political conflict by understanding the pitfalls of writing rigid constitutional rules without popular participation or the cultivation of good political culture. Bosnia, in turn, may be able to thaw its frozen conflict by subjecting parts of its written constitution to amendment, with civic involvement, on a fixed and regular basis; a ’revolving constitution’ to replicate some of that flexibility inherent in the British system. A book not just about Bosnia and Britain; a standard may be set for other plural, multi-ethnic polities to follow.
Author: Stefaan Marteel
Publisher: Springer
ISBN: 3319894269
Category : History
Languages : en
Pages : 318
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Book Description
This book explores the political ideas of the Belgian Revolution of 1830, which led to the break-up of the Restoration state of the ‘united’ Kingdom of the Netherlands. It uncovers the origins of liberalism and political Catholicism in the Southern Netherlands in the wake of the French Revolution, and traces the development of political language in the context of the tensions between the Northern and Southern part of the united Netherlands. It shows how differences in ‘Dutch’ and ‘Belgian’ political and intellectual history resulted in different understandings of essential political concepts such as ‘sovereignty’ and ‘balance of powers’, as well as of the nature of the constitutional order of 1815. Finally, it traces the emergence of Belgian nationalism within the discourse of opposition against the government. Stefaan Marteel therefore provides a fresh perspective on the intellectual background of the rise of the nation-state in the nineteenth century.
Author: Giuliano Amato
Publisher: Edward Elgar Publishing
ISBN: 1847206786
Category : Law
Languages : en
Pages : 329
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Book Description
'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.
Author: Jens Rydgren
Publisher: Oxford University Press
ISBN: 0190274557
Category : Political Science
Languages : en
Pages : 761
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Book Description
The radical right : an introduction / Jens Rydgren -- Ideology and discourse -- The radical right and nationalism / Tamir Bar-On -- The radical right and islamophobia / Aristotle Kallis -- The radical right and anti-semitism / Ruth Wodak -- The radical right and populism / Hans-Georg Betz -- The radical right and fascism / Nigel Copsey -- The radical right and euroscepticism / Sofia Vasilopoulou -- Issues -- Explaining electoral support for the radical right / Kai Arzheimer -- Party systems and radical right-wing parties / Herbert Kitschelt -- The radical right and gender / Hilde Coffé -- Globalization, cleavages, and the radical right / Simon Bornschier -- Party organization and the radical right / David Art -- Charisma and the radical right / Roger Eatwell -- Media and the radical right / Antonis A. Ellinas -- The non-party sector of the radical right / John Veugelers and Gabriel Menard -- The political impact of the radical right / Michelle Hale Williams -- The radical right as social movement organizations / Manuela Caiani and Donatella Della Porta -- Youth and the radical right / Cynthia Miller Idriss -- Religion and the radical right / Michael Minkenberg -- Cross-national links and international cooperation / Manuela Caiani -- Political violence and the radical right / Leonard Weinberg and Eliot Assoudeh -- Case studies -- The radical right in France / Nonna Mayer -- The radical right in Germany, Austria, and Switzerland / Uwe Backes -- The radical right in Belgium and the Netherlands / Joop J.M. van Holsteyn -- The radical right in Southern Europe / Carlo Ruzza -- The radical right in the UK / Matthew J. Goodwin and James Dennison -- The radical right in the Nordic countries / Anders Widfeldt -- The radical right in Eastern Europe / Lenka Butíková -- The radical right in post-soviet Russia / Richard Arnold and Andreas Umland -- The radical right in post-soviet Ukraine / Melanie Mierzejewski-Voznyak -- The radical right in the United States of America / Christopher Sebastian Parker -- The radical right in Australia / Andy Fleming and Aurelien Mondon -- The radical right in Israel / Arie Perliger and Ami Pedhazur -- The radical right in Japan / Naoto Higuchi
