Austrian Federalism In Comp (Contemporary Austrian Studies, Vol 24) PDF Download
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Author: Gunter Bischof
Publisher: University of New Orleans Press
ISBN: 9781608011124
Category : History
Languages : en
Pages : 0
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Book Description
With its ambiguous mix of weak federalist and strong centralist elements, the Austrian constitutional architecture has been subject to conflicting interpretations and claims from its very beginning. The written 1920 constitution has been paralleled by informal rules and forces making up for the imbalance of power between national and subnational authorities. Understanding these inherent weaknesses, virtually all political actors involved are well aware that reforming the allocation of rights and duties between the different levels in the federal state is urgently needed. In recent years, several initiatives of recalibrating the system of power-sharing between the different levels of government have been initiated. So far progress has been modest, yet the reform process is still underway. The contributions to this volume shine a light on history, presence, and future aspects of the Austrian federal system from historical, juridical, economic, and political science perspective. The volume is also the first book in English ever devoted to the Austrian version of federalism.
Author: Gunter Bischof
Publisher: University of New Orleans Press
ISBN: 9781608011124
Category : History
Languages : en
Pages : 0
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Book Description
With its ambiguous mix of weak federalist and strong centralist elements, the Austrian constitutional architecture has been subject to conflicting interpretations and claims from its very beginning. The written 1920 constitution has been paralleled by informal rules and forces making up for the imbalance of power between national and subnational authorities. Understanding these inherent weaknesses, virtually all political actors involved are well aware that reforming the allocation of rights and duties between the different levels in the federal state is urgently needed. In recent years, several initiatives of recalibrating the system of power-sharing between the different levels of government have been initiated. So far progress has been modest, yet the reform process is still underway. The contributions to this volume shine a light on history, presence, and future aspects of the Austrian federal system from historical, juridical, economic, and political science perspective. The volume is also the first book in English ever devoted to the Austrian version of federalism.
Author: Herbert Hausmaninger
Publisher: Springer
ISBN: 9789041114808
Category : Law
Languages : en
Pages : 0
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Book Description
This book presents a broad range of aspects of Austrian law and legal culture for the purpose of comparison with other legal systems. In its second revised and enlarged edition it treats the following subjects: Political history the Constitution Sources and interpretation of law The political system Austria and the European Union Legal education and legal professions the courts Administrative adjudication Constitutional review Fundamental rights Criminal procedure Civil procedure The Austrian civil code Private law Labour law Civil law tradition These characteristic features have been selected in order to acquaint the foreign observer with some of the defining elements of Austrian law and legal development. Austrian students and practitioners, too, may find this approach helpful when it comes to explaining their law to others.
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: Karl Nerenberg
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773528888
Category : Political Science
Languages : en
Pages : 494
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Book Description
Handbook of federal countries, 2005 / edited by Ann L. Griffiths ; coordinated by Karl Nerenberg.
Author: András Jakab
Publisher: Cambridge University Press
ISBN: 1108138616
Category : Law
Languages : en
Pages : 867
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Book Description
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.
Author: Arthur Gunlicks
Publisher: Manchester University Press
ISBN: 9780719065330
Category : Political Science
Languages : en
Pages : 426
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Book Description
This book provides a detailed introduction to how the Lander (the 16 states of Germany) function not only within the country itself but also within the wider context of European political affairs. Some knowledge of the role of the Lander is essential to an understanding of the political system as well as of German federalism. This book traces the origin of the Lander. It looks at their place in the constitutional order of the country and the political and administrative system. Their organization and administration are fully covered, as is their financing. Parties and elections in the Lander and the controversial roles of parliaments and deputies are also examined.
Author: Ángel-Manuel Moreno
Publisher: Inap
ISBN: 9788473514170
Category : Local government
Languages : en
Pages : 683
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Book Description
Author: Ahmet Ersoy
Publisher: Central European University Press
ISBN: 9637326618
Category : Political Science
Languages : en
Pages : 497
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Book Description
Notwithstanding the advantages of physical power, the struggle for survival among societies is not merely a matter of serial armed clashes but of the nation's spiritual resources that in the end always decide upon the victory. In Europe, there indeed exist independent countries, insignificant from the point of view of the entire civilization, and born by sheer coincidence, yet, this coincidence, this fancy, or diplomatic ploy that created them can just as easily bring them to an end---the nations that count in the political calculations are only the enlightened ones. Therefore, our nation should not merely grow in power, strengthen its character, and foster in people the feeling of love for homeland, but also---inasmuch as it is possible---breath the fresh breeze of humanity's general progress, feed it to the nation, absorb its creative energy. Until now, we have trusted and lived only in the weary conditions, conditions devoid of health-giving elements---now, as a result the nation's heart beats too slowly and its mind works too tediously. We ought to open our windows to Europe, to the wind of continental change and allow it to air our sultry home, since as not all health comes from the inside, not all disease comes from the outside.
Author: Günter J. Bischof
Publisher: Transaction Publishers
ISBN: 1412821894
Category : Political Science
Languages : en
Pages : 332
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Book Description
The years of Chancellors Dollfuss and Schuschnigg's authoritarian governments (1933/34-1938) have been denounced as "Austrofascism" from the left, or defended as a Christian corporate state ("Stndestaat") from the right. During this period, Austria was in a desperate struggle to maintain its national independence vis--vis Hitler's Germany, a struggle that ultimately failed. In the end, the Nazis invaded and annexed Austria (Anschluss"). Volume 11 of the Contemporary Austrian Studies series stays away from these heated historiographical debates and looks at economic, domestic, and international politics sine ira et studio. Timothy Kirk opens with an assessment of "Austrofascism" in light of recent discourse on interwar European fascism. Three scholars from the Economics University of Vienna analyze the macroeconomic climate of the 1930s: Hansjrg Klausinger the "Vienna School's" theoretical contributions to end the "Great Depression"; Gerhard Senft the economic policies of the Stndestaat; and Peter Berger the financial aid from the League of Nations. Jens Wessels delves into the microeconomic arena and presents case studies of leading Austrian businesses and their performance during the depression. Jim Miller looks at Dollfuss, the agrarian reformer. Alexander Lassner and Erwin Schmidl deal with the context of the international arena and Austria's desperate search for protection against Nazi Anschluss-pressure and military preparedness against foreign aggression. In a comparativist essay Megan Greene compares the policies of Austria's Haider and Italy's Berlusconi and recent EU responses to threats from the Right. The "FORUM" looks at various recent historical commissions in Austria dealing with Holocaust-era assets and their efforts to provide restitution to victims of Nazism. Two review essays, by Evan Burr Bukey and Hermann Freudenberger, survey recent scholarly literature on Austria(ns) during World War II. This addition to the Contemporary Austrian Studies series will be welcomed by political scientists, historians and scholars with a strong interest in European affairs. Gnter Bischof is professor of history and executive director of Center Austria at the University of New Orleans. Anton Pelinka is professor of political science at the University of Innsbruck and a visiting scholar at the University of Michigan in 2001/02. Alexander Lassner completed his Ph.D. at Ohio State University with his dissertation, "Peace at Hitler's Price," on Austria's international position before the "Anschluss."
Author: Katy Le Roy
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773560149
Category : Law
Languages : en
Pages : 414
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Book Description
Comparative studies examine the constitutional design and actual operation of governments in Argentina, Australia, Austria, Canada, Germany, India, Nigeria, Russia, South Africa, Switzerland, and the United States. Contributors analyze the structures and workings of legislative, executive, and judicial institutions in each sphere of government. They also explore how the federal nature of the polity affects those institutions and how the institutions in turn affect federalism. The book concludes with reflections on possible future trends.
