European Constitutionalism

Author: Kaarlo Tuori

Publisher: Cambridge University Press

ISBN: 1107087090

Category: Law

Page: 418

View: 4120

Provides a new understanding of the European constitution as a multidimensional process of constitutionalization, constantly interacting with Member State constitutions.
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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: 8121

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

Author: Georg Nolte

Publisher: Cambridge University Press

ISBN: 9780521854016

Category: Law

Page: 312

View: 1686

This book asks whether and how far constitutional theory and judicial practice differ between Europe and the United States. This question is explored with respect to the areas of 'freedom of speech', 'human dignity', 'duty of the state to protect individuals from harm', 'adjudication by constitutional and other courts' and, finally, 'democratic theory and international influences'. The authors of this book are constitutional scholars from Europe and the United States, as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.
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European Constitutionalism Beyond the State

Author: Marlene Wind

Publisher: Cambridge University Press

ISBN: 9780521796712

Category: Law

Page: 244

View: 4667

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.
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Essentials of EU Law

Author: August Reinisch

Publisher: Cambridge University Press

ISBN: 1107025664

Category: Law

Page: 281

View: 8526

Rev. ed. of: Essential questions in EU law. c2009.
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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: 2307

"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.
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The European Constitution

Cases and Materials in Eu and Member States' Law

Author: Giuliano Amato

Publisher: Edward Elgar Publishing

ISBN: 1847206786

Category: Law

Page: 328

View: 8125

'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.
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Democracy and the Rule of Law

Author: Adam Przeworski,José María Maravall

Publisher: Cambridge University Press

ISBN: 9780521532662

Category: Law

Page: 321

View: 9697

Addresses why governments sometimes follow the law and other times choose to evade the law.
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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: 4371

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.
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The European Union Charter of Fundamental Rights

Author: Steve Peers,Dr. Angela Ward

Publisher: Hart Publishing

ISBN: 184113449X

Category: Law

Page: 392

View: 2938

This book assesses the impact of the EU Charter of Fundamental Rights from four key perspectives. First, it posits the Charter within the framework of the ongoing debate on EU Constitutionalism, the proper parameters of Union and Member State power, and investigates the role of "rights" discourse in crafting the contours of a European patriotism. Second, it examines the effect of the Charter on a range of substantive areas of EU regulation, ranging from foundational and fundamental areas such as the economic freedoms, to fields of competence lying at the fringe of Community regulation. This is intended to provide a flavor of how the Charter might seep in to the process of substantive law- making. Third, the book describes the impact of the Charter on the question of "Access to Justice" in the EU, a highly topical and important objective, given the current debate (and indeed friction) in the case law of the Community judicature, on how the judicial architecture might be amended to improve access to justice to private parties affected adversely by Union regulation. Fourthly, the book takes an "external" lens in assessing the Charter, canvassing its relationship with the regime for protection of human rights supplied by the international plane, and examining the impact of the Charter on the process of accession of new Member States to the EU.
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Parliamentary Sovereignty

Contemporary Debates

Author: Jeffrey Goldsworthy

Publisher: Cambridge University Press

ISBN: 1139491512

Category: Law

Page: N.A

View: 8361

This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.
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The EU Economic and Social Model in the Global Crisis

Interdisciplinary Perspectives

Author: Dagmar Schiek

Publisher: Routledge

ISBN: 1317033434

Category: Law

Page: 224

View: 7672

This book addresses the viability of the EU economic and social model within and after the global economic crisis. It identifies four key issues which warrant further discussion: (1) the asymmetry of the legal and policy framework of the euro and potential recalibration; (2) substantive tensions between the EU ’economic constitution’ and its normative aim of social justice and impacts on national policy; (3) the role of civil society, including the two sides of industry in overcoming these tensions; and (4) the EU’s global aspirations towards the creation of a viable socio-economic model. Its chapters offer two perspectives on each of the four main issues. In drawing these debates together, the book provides a broad understanding as well as starting points for future research. Bringing together different disciplinary approaches, ranging from legal studies to political economy, sociology and macroeconomics, it is a valuable contribution to the debate on the European social model and introduces new insights by focusing on legal and political tensions, the impact of the financial crisis and other economic contexts as well as global dimensions.
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Proportionality and Constitutional Culture

Author: Moshe Cohen-Eliya,Iddo Porat

Publisher: Cambridge University Press

ISBN: 1107021863

Category: Law

Page: 168

View: 5888

A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.
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Towards Juristocracy

The Origins and Consequences of the New Constitutionalism

Author: Ran Hirschl

Publisher: Harvard University Press

ISBN: 9780674038677

Category: Law

Page: 296

View: 2194

In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
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Law and Revolution

Constitutionalism After the Arab Spring

Author: Nimer Sultany

Publisher: Oxford University Press

ISBN: 0198768893

Category: History

Page: 416

View: 3675

An assessment of constitution-making, law, and revolution in Egypt and Tunisia before and after the Arab Spring. Competing conceptualist approaches to the role of sharia law in Arab constitutions are explored with a view to evaluating the consequences of different constitutional arrangements, and suggesting possibilities for reform.
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The Lisbon Treaty

EU Constitutionalism without a Constitutional Treaty?

Author: Stefan Griller,Jacques Ziller

Publisher: Springer

ISBN: 3211094288

Category: Law

Page: 383

View: 1784

Immediately after the rejection of the Constitutional Treaty in France and in the Netherlands, I was tempted not to comply with a contract according to which I was expected to write on the Eu- pean Constitution within a very close deadline. “What is the sense of it now?” I tried to argue. “I cannot be obliged by a contract wi- out an object”. I was wrong at that time and we would be equally wrong now, should we read the Irish vote on the Lisbon Treaty and the Lisbon Treaty itself as the dead end for European constitutionalism. Let us never forget that the text rejected in May 2005 was not the founding act of such constitutionalism. To the contrary, it was nothing more than a remarkable passage in a long history of constitutional dev- opments that have been occurring since the early years of the Eu- pean Community. All of us know that the Court of Justice spoke of a European constitutional order already in 1964, when the primacy of Community law was asserted in the areas conferred from the States to the European jurisdiction. We also know that in the pre- ous year the Court had read in the Treaty the justiciable right of any European citizen to challenge her own national State for omitted or distorted compliance with European rules.
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The Transformation of Europe

Twenty-Five Years On

Author: Miguel Poiares Maduro,Marlene Wind

Publisher: Cambridge University Press

ISBN: 1107157943

Category: Law

Page: 300

View: 9555

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.
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Unstable Constitutionalism

Author: Mark Tushnet,Madhav Khosla

Publisher: Cambridge University Press

ISBN: 1107068959

Category: Law

Page: 414

View: 3894

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
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