European Constitutionalism

Author: Kaarlo Tuori

Publisher: Cambridge University Press

ISBN: 131630003X

Category: Law

Page: N.A

View: 3985

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.
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European Economic and Social Constitutionalism after the Treaty of Lisbon

Author: Dagmar Schiek,Ulrike Liebert,Hildegard Schneider

Publisher: Cambridge University Press

ISBN: 1139499343

Category: Law

Page: N.A

View: 4942

European studies frequently regard the economic and social dimensions of EU integration as diametrically opposed, maintaining that this state of affairs is beyond change. This edited collection challenges this perceived wisdom, focusing on the post-Lisbon constitutional landscape. Taking the multi-layered polity that is Europe today as its central organising theme, it examines how the social and the economic might be reconciled under the Union's different forms of governance. The collection has a clear structure, opening with a theoretical appraisal of its theme, before considering three specific policy fields: migration policy and civic integration, company law and corporate social responsibility and the role of third sector providers in public healthcare. It concludes with three case studies in these fields, illustrating how the argument can be practically applied. Insightful and topical, with a unique interdisciplinary perspective, this is an important contribution to European Union law after the Lisbon Treaty.
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Internationale Politische Theorie

Eine Einführung

Author: Regina Kreide,Andreas Niederberger

Publisher: Springer-Verlag

ISBN: 3476054705

Category: Philosophy

Page: 272

View: 9095

Genese eines neuen Theoriefeldes der Philosophie. Internationale Politische Theorie ist ein relativ neuer Bereich in Philosophie und Politikwissenschaft, der aufgrund der politischen und globalen Entwicklungen (Globalisierung des Wirtschafts- und Finanzsystems, Finanzkrise, weltweite Prozesse der Demokratisierung, Staatenzerfall etc.) zunehmend an Bedeutung gewinnt. Der Einführungsband erklärt, was diese neue Theorierichtung auszeichnet, wie die Diskussion verschiedener Themen bislang verlief, welche gesellschaftlichen Anforderungen an die Politische Theorie und Philosophie gestellt werden, und welche Antworten die Internationale Politische Theorie darauf geben kann.
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Demokratische Gesetzgebung in der Europäischen Union

Theorie und Praxis der dualen Legitimationsstruktur europäischer Hoheitsgewalt

Author: Jelena von Achenbach

Publisher: Springer-Verlag

ISBN: 364223917X

Category: Law

Page: 522

View: 8237

Das Mitentscheidungsverfahren (Art. 294 AEUV) ist seit dem Vertrag von Lissabon das ordentliche Gesetzgebungsverfahren der Europäischen Union. Mit der Monographie wird die Co-Gesetzgeberschaft von Europäischem Parlament und Rat als Mittel der demokratischen Legitimation europäischer Gesetzgebung untersucht. Im Zentrum steht dabei eine demokratietheoretische Auseinandersetzung mit dem Modell der dualen demokratischen Legitimation europäischer Hoheitsgewalt, das mit Art. 10 EUV nunmehr im Demokratieprinzip der Union verankert ist. Daneben steht eine empirisch gestützte Untersuchung der Praxis des Mitentscheidungsverfahrens, die sich insbesondere der zunehmenden Informalisierung des Gesetzgebungsprozesses („Triloge“) kritisch widmet.
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European Constitutionalism Beyond the State

Author: Marlene Wind

Publisher: Cambridge University Press

ISBN: 9780521796712

Category: Law

Page: 244

View: 4442

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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The Oxford Handbook of Law and Politics

Author: Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira

Publisher: OUP Oxford

ISBN: 0191615064

Category: Political Science

Page: 832

View: 5850

The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
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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: 7362

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

Author: Catherine Barnard,Steve Peers

Publisher: Oxford University Press, USA

ISBN: 0199686114

Category: Law

Page: 814

View: 6359

Edited by Catherine Barnard and Steve Peers, this new EU law textbook draws together a range of perspectives from experienced academics, teachers and practitioners from a number of jurisdictions to provide a comprehensive introduction to EU law. Each chapter has been written by an expert in the field to provide you 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 yet designed for students, every chapter has been reviewed by both students and lecturers to ensure a balance of accessible explanation and critical detail. Case studies are included throughout the book to enable you to understand the context and implications of EU law, as well as helping to familiarise you with some of the most significant caselaw in the area. Quotes and examples from key EU legislation and academic sources are also included to help develop your understanding of EU law, while further reading suggestionsfor each chapter act as a springboard for further study and assessment preparation. The first edited collection for students, this new 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. Online Resources European Union Law is accompanied by a comprehensive Online Resource Centre which includes a range of resources to support your studies and revision, includingan interactive timeline and map of the EU, downloadable diagrams from the book, video clips, a flashcard glossary, and a searchable table of all Treaty renumbering. The Online Resource Centre also hosts regular updates and blog posts from the editors, helping you to stay up-to-date on the latest case law and developments in the area.
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Accountability and Legitimacy in the European Union

Author: Anthony Arnull,Daniel Wincott

Publisher: Oxford University Press on Demand

ISBN: 9780199257102

Category: Law

Page: 537

View: 6090

The European Union's growing accountability deficit threatens to undermine its legitimacy. This was acknowledged by the Member States in Nice in February 2001. Recognising the need to improve 'the democratic legitimacy and transparency of the Union and its institutions', they agreed to launch a debate on the Union's future. At Laeken in December 2001, the Member States decided that the debate should be carried forward in a Convention comprising the main parties involved. The debate willstart to crystallise in 2004, when negotiations on a new set of Treaty changes will begin. The outcome of those negotiations will profoundly affect the constitutional and political health of the Union as it confronts enlargement to the east and south and the challenges of the 21st century. However, the Union's accountability and legitimacy deficit is so deep-seated that it is unlikely to be eradicated completely by the changes agreed. The issue will therefore remain high on the political agenda for the foreseeable future. The contributors to this interdisciplinary collection of essays consider various aspects of accountability and legitimacy in the European Union. How open should the Union's decision-making be? What is the right balance between accountability and efficiency? Does the Union now need a formal constitution? How can respect for democracy, fundamental rights and the rule of law in the Union best be ensured? These are just some of the questions explored in this book.It will be of interest to anyone concerned with the future of Europe, from students and academics to policy-makers, and journalists
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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: 2192

"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 Impact of European Rights on National Legal Cultures

Author: Miriam Aziz

Publisher: Hart Publishing

ISBN: 1841133094

Category: Law

Page: 206

View: 4928

This book contributes to the debate about the impact of European Community Law on the national constitutional orders and cultures of the respective Member States. The author examines the doctrine of sovereignty as a mechanism within which this impact may be best assessed and in particular how it underwrites the tension between European Union rights and the rights provided by the respective legal orders of the Member States. In particular the book focuses on political,social and civil rights, drawing from T.H. Marshall's typology. In endorsing an appropriate analytical framework, the book challenges both existing law and secondary literature in order to argue that the terminology, the concepts and the tools which are used to assess the impact of the EC law on the national constitutional orders are to be selected with great care. This is particularly apposite given the complexity of constitutional diversity, in terms of national constitutions and their reception of EC law. It is also important because of the variety of approaches involved in the constitutional adjustment of the acquis of the Union within the context of the increasing drive to constitutionalisation of the Union on the one hand and enlargement on the other.
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Abuse of EU Law and Regulation of the Internal Market

Author: Alexandre Saydé

Publisher: Bloomsbury Publishing

ISBN: 1782254048

Category: Law

Page: 496

View: 942

How can the concept of abuse of European Union law ? which can be defined as undesirable choice of law artificially made by a private citizen ? generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
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The European Court and Civil Society

Litigation, Mobilization and Governance

Author: Rachel A. Cichowski

Publisher: Cambridge University Press

ISBN: 1139462350

Category: Political Science

Page: N.A

View: 1846

The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.
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Critical Legal Perspectives on Global Governance

Liber Amicorum David M Trubek

Author: Gráinne de Búrca,Claire Kilpatrick,Joanne Scott

Publisher: A&C Black

ISBN: 1782252886

Category: Law

Page: 482

View: 1375

This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problématique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.
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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: 8017

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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Constitutionalism, Multilevel Trade Governance and Social Regulation

Author: Christian Joerges,Ernst-Ulrich Petersmann

Publisher: Bloomsbury Publishing

ISBN: 1847312861

Category: Law

Page: 566

View: 3130

This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, private international law, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorising are expounded. One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental "society of states" into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade. The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements which respond credibly to safety and environmental concerns of consumers, traders, political and non-governmental actors. Enquiries into the generation of international standards and empirical analyses of legalization and judizialisation practices form part of this agenda. The perspectives and conclusions of the more than 20 contributors from Europe and North-America cannot be uniform. But they converge in their search for a constitutional architecture which limits, empowers and legitimises multilevel trade governance, as well as in their common premise that respect for human rights, private and democratic self-government and social justice require more transparent, participatory and deliberative forms of transnational "cosmopolitan democracy".
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The Interface between Competition and the Internal Market

Market Separation under Article 102 TFEU

Author: Vasiliki Brisimi

Publisher: Bloomsbury Publishing

ISBN: 1782254498

Category: Law

Page: 273

View: 3115

This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of 'market separation'-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. 'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in 'market separation' cases and the Treaty requirements under the free movement provisions. In addition, it utilises 'market separation' cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing 'market separation' as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of 'market separation' under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.
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Toward a North American Legal System

Author: J. McHugh

Publisher: Springer

ISBN: 1137269502

Category: Political Science

Page: 210

View: 6674

Toward a North American Legal System is a collection of scholarship that looks at a timely issue in public policy. Two decades after NAFTA, the team assembled by James T. McHugh works through both philosophical and practical questions related to a possibly more integrated legal system on the North American continent.
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Constitutionalism, Legitimacy, and Power

Nineteenth-Century Experiences

Author: Kelly L Grotke,Markus J Prutsch

Publisher: OUP Oxford

ISBN: 0191034711

Category: Law

Page: 450

View: 338

If one counts the production of constitutional documents alone, the nineteenth century can lay claim to being a 'constitutional age'; one in which the generation and reception of constitutional texts served as a centre of gravity around which law and politics consistently revolved. This volume critically re-examines the role of constitutionalism in that period, in order to counter established teleological narratives that imply a consistent development from absolutism towards inclusive, participatory democracy. Various aspects of constitutional histories within and outside of Europe are examined from a comparative, transnational, and multidisciplinary historical perspective, organized around five key themes. The first part looks at constitutions as anti-revolutionary devices, and addresses state building, monarchical constitutionalism, and restorations. The second part takes up constitutions and the justification of new social inequalities, focusing on women's suffrage, human rights, and property. The third part uses individual country studies to take on questions of how constitutions served to promote nationalism. The use of constitutions as instruments of imperialism is covered in the fourth part, and the final part examines the ways that constitutions function simultaneously as legal and political texts. These themes reflect a certain scepticism regarding any easy relationship between stated constitutional ideals and enacted constitutional practices. Taken together, they also function as a general working hypothesis about the role of constitutions in the establishment and maintenance of a domestically and internationally imbalanced status quo, of which we are the present-day inheritors. More particularly, this volume addresses the question of the extent to which nineteenth-century constitutionalism may have set the stage for new forms of domination and discrimination, rather than inaugurating a period of 'progress' and increasing equality.
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