European Constitutionalism

Author: Kaarlo Tuori

Publisher: Cambridge University Press

ISBN: 131630003X

Category: Law

Page: N.A

View: 6865

European Constitutionalism redraws the perimeters in the debate on the nature of the European constitution. Offering a fresh approach to both doctrinal and theoretical issues, this book discusses general characteristics of the European constitution under the headings of relationality, perspectivism and discursiveness, and contains forays to sectoral constitutionalization in the micro- and macroeconomic, social and security dimensions. European constitutionalism must be examined in its interaction with Member State constitutionalism, which plays an essential role in channelling democratic legitimacy to the EU. Written by a leading expert in the field, this book will be of great interest to students and scholars alike.
Release

The Transformation of Europe

Twenty-Five Years On

Author: Miguel Poiares Maduro,Marlene Wind

Publisher: Cambridge University Press

ISBN: 1108228720

Category: Law

Page: N.A

View: 1302

Joseph Weiler's The Transformation of Europe is one of the most influential works in the history of European studies. Twenty-five years after its original publication, this new collection of essays pays tribute to Weiler's legacy by discussing some of the most pressing issues in contemporary European Union law, policy and constitutionalism. The book does not intend to be a simple expression of intellectual esteem for Weiler's seminal work; instead, the collection honours it by critically engaging with some of its assumptions and theses. Overall, it shows how a study of 1991 can still be fundamental to the present and future of the EU, including the challenges of Brexit and Eurozone crises.
Release

European Constitutionalism Beyond the State

Author: Marlene Wind

Publisher: Cambridge University Press

ISBN: 9780521796712

Category: Law

Page: 244

View: 6118

Some of the most innovative scholars in the field of European constitutionalism come together in this book to highlight different facets of the new constitutional discussion. Provoking deep analysis of the different ideas of constitution and cons titutionalism, it delineates new ways of thinking about the future of Europe. In particular, it aims to challenge the idea of the European Union as an evolving federal polity. This book will appeal to anyone interested in the timely subject of constitutionalism including student and practitioners of law, politics and philosophy.
Release

The Lisbon Treaty

A Legal and Political Analysis

Author: Jean-Claude Piris

Publisher: Cambridge University Press

ISBN: 0521197929

Category: Law

Page: 426

View: 717

This series aims to produce original works which contain a critical analysis of the state of the law in particular areas of European Law and Set out different perspectives and suggestions for its future development. It also aims to encourage a range of work on law, legal institutions and legal phenomena in Europe, including `law in context' approaches. The titles in the series will be of interest to academics; policymakers; policy formers who are interested in European legal, commercial and political affairs; practising lawyers including the judiciary; and advanced law students and researchers. Given the controversies and difficulties which preceded the coming into force of the Lisbon Treaty, it is easy to forget that the Treaty is a complex legal document in need of detailed analysis for its impact to be fully understood. Jean-Claude Piris, the Director-General of the Legal Service of the Council of the European Union (EU), provides such an analysis, looking at the historical and political contexts of the Treaty, its impact on the democratic framework of the EU and its provisions in relation to substantive law. Impartial legal analysis of the EU's functions, its powers and the treaties which govern it make this the seminal text on the most significant recent development in EU law. Since 1988, Jean-Claude Piris has served as the Legal Counsel of the Council of the EU and Director-General of its Legal Service. He is an Honorary Counsellor of State of France, a former diplomat at the UN and the former Director of Legal Affairs of the OECD. He was the Legal Advisor of the Successive Intergovernmental conferences which negotiated and adopted the treaties of Maastricht in 1992, Amsterdam in 1997 and Nice in 2001, the constitutional Treaty signed in Rome in 2004 and, finally, the Lisbon Treaty in 2007.
Release

The Transformation of EU Treaty Making

The Rise of Parliaments, Referendums and Courts since 1950

Author: Dermot Hodson,Imelda Maher

Publisher: Cambridge University Press

ISBN: 110711215X

Category: Law

Page: 250

View: 4307

Investigates the struggle between governments, parliaments, the people and courts over who participates in EU treaty making.
Release

Transnational Law

Rethinking European Law and Legal Thinking

Author: Miguel Maduro,Kaarlo Tuori,Suvi Sankari

Publisher: Cambridge University Press

ISBN: 1107028310

Category: Law

Page: 409

View: 1124

Examination of the effects of law's de-nationalisation by placing European law in the context of transnational law.
Release

Global Constitutionalism from European and East Asian Perspectives

Author: Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke

Publisher: Cambridge University Press

ISBN: 9781108417112

Category: Law

Page: 506

View: 2129

Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits our times.
Release

Ruling the World?

Constitutionalism, International Law, and Global Governance

Author: Jeffrey L. Dunoff,Joel P. Trachtman

Publisher: Cambridge University Press

ISBN: 0521514398

Category: Law

Page: 414

View: 1016

"Ruling the World is the first volume to explore in a crosscutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the fundamental assumptions and critical challenges in contemporary debates over international constitutionalization."--BOOK JACKET.
Release

Transnational Constitutionalism

International and European Perspectives

Author: Nicholas Tsagourias

Publisher: Cambridge University Press

ISBN: 113946468X

Category: Law

Page: N.A

View: 5617

An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.
Release

Democracy and the Rule of Law

Author: Adam Przeworski,José María Maravall

Publisher: Cambridge University Press

ISBN: 9780521532662

Category: Law

Page: 321

View: 8743

Addresses why governments sometimes follow the law and other times choose to evade the law.
Release

European Union Law

Author: Steve Peers

Publisher: Oxford University Press

ISBN: 0198789130

Category: Law

Page: 836

View: 1668

Edited by Catherine Barnard and Steve Peers, European Union Law draws together a range of perspectives from experienced academics, teachers and practitioners to provide a comprehensive introduction to EU law. Each chapter has been written and updated by an expert in the field to provide students with access to a broad range of ideas while offering a solid foundation in the institutional and substantive law of the EU. Written by experts, designed for students; every chapter ensures a balance of accessible explanation and critical detail. Case studies are included throughout the book to enable students to understand the context and implications of EU law, as well as helping to familiarize them with some of the most significant caselaw in the area. Quotations and examples from key EU legislation and academic sources are also included to help develop an understanding of EU law, while further reading suggestions for each chapter act as a springboard for further study and assessment preparation. This text provides a fresh and modern guide to EU law and is an ideal entry-point for students new to the subject as well as those looking to develop their understanding of EU law. As the process of the UK leaving the EU unfolds, readers can also visit the OUP European Union Law Resource Centre for up-to-date comment, opinion, and updates created by our authors to engage students with the legal and political issues and considerations at play.
Release

Brokering Europe

Author: Antoine Vauchez

Publisher: Cambridge University Press

ISBN: 1107042364

Category: Law

Page: 278

View: 5693

A new historical and sociological account for the broad definitional power of law in the European Union polity.
Release

Constitutionalism and the Rule of Law

Bridging Idealism and Realism

Author: Maurice Adams,Anne Meuwese,Ernst Hirsch Ballin

Publisher: Cambridge University Press

ISBN: 1316883256

Category: Law

Page: N.A

View: 2505

Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Release

The European Convention on Human Rights

Achievements, Problems and Prospects

Author: Steven Greer

Publisher: Cambridge University Press

ISBN: 1139461966

Category: Law

Page: N.A

View: 4360

This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.
Release

The End of the Eurocrats' Dream

Adjusting to European Diversity

Author: Damian Chalmers,Markus Jachtenfuchs,Christian Joerges

Publisher: Cambridge University Press

ISBN: 1316598462

Category: Law

Page: N.A

View: 2896

This volume argues that the crisis of the European Union is not merely a fiscal crisis but reveals and amplifies deeper flaws in the structure of the EU itself. It is a multidimensional crisis of the economic, legal and political cornerstones of European integration and marks the end of the technocratic mode of integration which has been dominant since the 1950s. The EU has a weak political and administrative centre, relies excessively on governance by law, is challenged by increasing heterogeneity and displays increasingly interlocked levels of government. During the crisis, it has become more and more asymmetrical and has intervened massively in domestic economic and legal systems. A team of economists, lawyers, philosophers and political scientists analyze these deeper dimensions of the European crisis from a broader theoretical perspective with a view towards contributing to a better understanding and shaping the trajectory of the EU.
Release

European Union Law

Author: Robert Schütze

Publisher: Cambridge University Press

ISBN: 1107071208

Category: Law

Page: 1014

View: 3426

Clear yet rigorous coverage of all the core topics of EU law, with numerous case extracts and 100 visual aids.
Release

New Governance and the Transformation of European Law

Coordinating EU Social Law and Policy

Author: Mark Dawson

Publisher: Cambridge University Press

ISBN: 1139502980

Category: Law

Page: N.A

View: 3307

The development of non-binding new governance methods has challenged the traditional ideals of EU law by suggesting that soft norms and executive networks may provide a viable alternative. Rather than see law and new governance as oppositional projects, Mark Dawson argues that new governance can be seen as an example of legal 'transformation', in which soft norms and hard law institutions begin to cohabit and interact. He charts this transformation by analysing the Open Method of Coordination (OMC) for Social Inclusion and Protection. While this process illustrates some of the concrete advantages for EU social policy which new governance has brought, it also illustrates their extensive legitimacy challenges. Methods like the OMC have both excluded traditional institutions, such as Courts and Parliaments, and altered the boundaries of domestic constitutional frameworks. The book concludes with some practical suggestions for how a political 'constitutionalisation' of new governance could look.
Release

Essentials of EU Law

Author: August Reinisch

Publisher: Cambridge University Press

ISBN: 1107025664

Category: Law

Page: 281

View: 9718

Rev. ed. of: Essential questions in EU law. c2009.
Release

European and US Constitutionalism

Author: Georg Nolte

Publisher: Cambridge University Press

ISBN: 9780521854016

Category: Law

Page: 312

View: 2274

How does constitutional theory and judicial practice differ between Europe and the United States?
Release