Constitution For A Disunited Nation

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Constitution for a Disunited Nation

Gábor Attila Tóth
Constitution for a Disunited Nation Book PDF

Author : Gábor Attila Tóth
Publisher : Central European University Press
Page : 586 pages
File Size : 48,9 Mb
Release : 2013-01-10
Category : Law
ISBN : 9786155225574

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Constitution for a Disunited Nation by Gábor Attila Tóth Pdf

This collection is the most comprehensive account of the Fundamental Law and its underlying principles. The objective is to analyze this constitutional transition from the perspectives of comparative constitutional law, legal theory and political philosophy. The authors outline and analyze how the current constitutional changes are altering the basic structure of the Hungarian State. The key concepts of the theoretical inquiry are sociological and normative legitimacy, majoritarian and partnership approach to democracy, procedural and substantive elements of constitutionalism. Changes are also examined in the field of human rights, focusing on the principles of equality, dignity, and civil liberties.

Post-Soviet Constitutions and Challenges of Regional Integration

Roman Petrov,Peter Van Elsuwege
Post Soviet Constitutions and Challenges of Regional Integration Book PDF

Author : Roman Petrov,Peter Van Elsuwege
Publisher : Routledge
Page : 232 pages
File Size : 47,9 Mb
Release : 2017-11-22
Category : Law
ISBN : 9781317326267

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Post-Soviet Constitutions and Challenges of Regional Integration by Roman Petrov,Peter Van Elsuwege Pdf

This book explores the implications of European and Eurasian integration projects for the constitutional orders of post-Soviet countries. On the one hand, the process of Eurasian integration, culminating in the establishment of the Eurasian Economic Union (EAEU), led to the creation of new institutions and mechanisms influencing the domestic legal order of the participating countries. On the other hand, the process of European integration, epitomised through the European Union (EU), constitutes an important source of reference for domestic constitutional developments in the countries which recently concluded a new generation of Association Agreements with the EU. This book analyses the implications of both processes. The book addresses the relevant experience of the countries from Central and Eastern Europe with transitional constitutionalism, mapping out the significance of European and Eurasian integration for protecting the rule of law in the post-Soviet space and identifying the constitutional implications and challenges of the EAEU and the new generation of Association Agreements. It also provides detailed country reports on national constitutional orders in the post-Soviet space and their adaptability to regional integration projects, authored by leading academics from the countries concerned, providing a number of general reflections about the evolution of post-Soviet constitutions in light of European and Eurasian integration projects.

National Constitutions and EU Integration

Stefan Griller,Lina Papadopoulou,Roman Puff
National Constitutions and EU Integration Book PDF

Author : Stefan Griller,Lina Papadopoulou,Roman Puff
Publisher : Bloomsbury Publishing
Page : 863 pages
File Size : 46,7 Mb
Release : 2022-08-25
Category : Law
ISBN : 9781509906758

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National Constitutions and EU Integration by Stefan Griller,Lina Papadopoulou,Roman Puff Pdf

Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration.

EU Law and National Constitutions

Alberto Nicòtina,Patricia Popelier,Peter Bursens
EU Law and National Constitutions Book PDF

Author : Alberto Nicòtina,Patricia Popelier,Peter Bursens
Publisher : Taylor & Francis
Page : 343 pages
File Size : 49,8 Mb
Release : 2023-12-04
Category : Law
ISBN : 9781003807964

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EU Law and National Constitutions by Alberto Nicòtina,Patricia Popelier,Peter Bursens Pdf

This book provides an in-depth guide to researchers and practitioners who are interested in analyzing the evolution of EU law from a national and comparative constitutional law perspective. The volume deals with questions of how EU Member States’ constitutional systems, including the subnational tier, interact with the supranational level. It maps the evolution over time of constitutional strategies in the face of multi-level governance and individuates contextual factors on an empirical basis. The volume includes twelve national reports written by leading experts in constitutional and EU law, and in political science. The countries discussed include the six founding Member States, together with a selection of Member States in which a clear-cut evolution in the national constitutional approach towards the EU can be observed. These include the Czech Republic, Denmark, Hungary, Poland, Portugal and the United Kingdom. The latter is included as an “extreme” case in which the change in constitutional strategy over time has resulted in withdrawing from the Union altogether. Taken together, the book assembles the building blocks of an explanatory theory of constitutional strategies in the face of multi-level governance. The volume will be of interest to students and researchers in comparative constitutional law, political science and multidisciplinary EU studies. It will also be a valuable resource for policy-makers.

Post Sovereign Constitution Making

Andrew Arato
Post Sovereign Constitution Making Book PDF

Author : Andrew Arato
Publisher : Oxford University Press
Page : 300 pages
File Size : 43,7 Mb
Release : 2016-03-10
Category : Law
ISBN : 9780191074035

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Post Sovereign Constitution Making by Andrew Arato Pdf

Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.

Redrafting Constitutions in Democratic Regimes

Gabriel L. Negretto
Redrafting Constitutions in Democratic Regimes Book PDF

Author : Gabriel L. Negretto
Publisher : Cambridge University Press
Page : 265 pages
File Size : 51,7 Mb
Release : 2020-09-17
Category : Law
ISBN : 9781108839846

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Redrafting Constitutions in Democratic Regimes by Gabriel L. Negretto Pdf

This book analyzes how replacing democratic constitutions may contribute to the improvement or erosion of democratic principles and practices.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Anneli Albi,Samo Bardutzky
National Constitutions in European and Global Governance Democracy Rights the Rule of Law Book PDF

Author : Anneli Albi,Samo Bardutzky
Publisher : Springer
Page : 1522 pages
File Size : 54,9 Mb
Release : 2019-05-29
Category : Law
ISBN : 9789462652736

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National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by Anneli Albi,Samo Bardutzky Pdf

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.

EMU Integration and Member States’ Constitutions

Stefan Griller,Elisabeth Lentsch
EMU Integration and Member States Constitutions Book PDF

Author : Stefan Griller,Elisabeth Lentsch
Publisher : Bloomsbury Publishing
Page : 803 pages
File Size : 50,8 Mb
Release : 2021-02-25
Category : Law
ISBN : 9781509935802

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EMU Integration and Member States’ Constitutions by Stefan Griller,Elisabeth Lentsch Pdf

In this book, legal scholars from the EU Member States (with the addition of the UK) analyse the development of the EU Member States' attitudes to economic, fiscal, and monetary integration since the Treaty of Maastricht. The Eurozone crisis corroborated the warnings of economists that weak economic policy coordination and loose fiscal oversight would be insufficient to stabilise the monetary union. The country studies in this book investigate the legal, and in particular the constitutional, pre-conditions for deeper fiscal and monetary integration that influenced the past and might impact on the future positions in the (now) 27 EU Member States. The individual country studies address the following issues: - Main characteristics of the national constitutional system, and constitutional culture; - Constitutional foundations of Economic and Monetary Union (EMU) membership and related instruments; - Constitutional obstacles to EMU integration; - Constitutional rules and/or practice on implementing EMU-related law; and - The resulting relationship between EMU-related law and national law Offering a comprehensive and detailed assessment of the legal and constitutional developments concerning the Economic and Monetary Union since the Treaty of Maastricht, this book provides not only a study of legal EMU-related measures and reforms at the EU level, but most importantly sheds light on their perception in the EU Member States.

The Abuse of Constitutional Identity in the European Union

Julian Scholtes
The Abuse of Constitutional Identity in the European Union Book PDF

Author : Julian Scholtes
Publisher : Oxford University Press
Page : 241 pages
File Size : 54,7 Mb
Release : 2023-09
Category : Law
ISBN : 9780198883173

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The Abuse of Constitutional Identity in the European Union by Julian Scholtes Pdf

The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.

Democracy despite Itself

Benjamin A. Schupmann
Democracy despite Itself Book PDF

Author : Benjamin A. Schupmann
Publisher : Oxford University Press
Page : 257 pages
File Size : 43,5 Mb
Release : 2024-05-30
Category : Law
ISBN : 9780192873033

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Democracy despite Itself by Benjamin A. Schupmann Pdf

Recent developments, including anti-democratic moves by governments in Hungary, India, and Turkey and the rise of populist leaders, demonstrate the threat posed to democratic values by legal revolution and other acts committed within the confines of the system. Militant democracy, a form of constitutional entrenchment, can protect these values from the harmful influence of illiberal regimes. However, critics and proponents alike wonder whether these tactics risk undermining democracy in the process of trying to save it. Democracy despite Itself advances a liberal normative theory of militant democracy by combining American philosopher John Rawls' political liberalism with German jurist Carl Schmitt's state theory. It argues for the adoption of three constitutional mechanisms of militant democracy-explicit unamendability, political rights restrictions, and the guardianship of a constitutional court-to prevent the subversion and erosion of democracy by the abuse of legal measures. Rawls' thought provides the substantive democratic content of this theory, establishing basic liberal rights as a precondition for legitimate government. Schmitt's thought provides the militant political form, justifying the state's use of proactive militant measures to preserve the political identity of its constitution. This blending of works by two thinkers rarely regarded as complementary is a novel approach that offers a compelling vision for how liberal democracy can be protected from anti-democratic actors.

A Pandemic of Populists

Wojciech Sadurski
A Pandemic of Populists Book PDF

Author : Wojciech Sadurski
Publisher : Cambridge University Press
Page : 259 pages
File Size : 50,8 Mb
Release : 2022-07-14
Category : Law
ISBN : 9781009224505

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A Pandemic of Populists by Wojciech Sadurski Pdf

Explores the rise of populism in power, focusing on its causes, characteristics, impact on democracy, and how to fight back.

A History of the Hungarian Constitution

Ferenc Hörcher,Thomas Lorman
A History of the Hungarian Constitution Book PDF

Author : Ferenc Hörcher,Thomas Lorman
Publisher : Bloomsbury Publishing
Page : 384 pages
File Size : 51,9 Mb
Release : 2018-12-13
Category : History
ISBN : 9781786735300

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A History of the Hungarian Constitution by Ferenc Hörcher,Thomas Lorman Pdf

The new Hungarian Basic Law, which was ratified on 1 January 2012, provoked domestic and international controversy. Of particular concern was the constitutional text's explicit claim that it was situated within a reinvigorated Hungarian legal tradition that had allegedly developed over centuries before its violent interruption during World War II, by German invaders, and later, by Soviet occupation. To explore the context and validity of this claim, and the legal traditions which have informed the stormy centuries of Hungary's constitutional development, this book brings together a group of leading historians, political scientists and legal scholars to produce a comprehensive history of Hungarian constitutional thought. Ranging in scope from an overview of Hungarian medieval jurisprudence to an assessment of the various criticisms levelled at the new Hungarian Basis Law of 2012, contributors assess the constitutions, their impacts and their legacies, as well as the social and cultural contexts within which they were drafted. The historical analysis is accompanied by a selection of original source materials, many translated here for the first time. This is the only book in English on the subject and is essential reading for all those interested in Hungary's history, political culture and constitution.

Global Constitutionalism and Its Challenges to Westphalian Constitutional Law

Martin Belov
Global Constitutionalism and Its Challenges to Westphalian Constitutional Law Book PDF

Author : Martin Belov
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 55,9 Mb
Release : 2018-05-31
Category : Law
ISBN : 9781509914890

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Global Constitutionalism and Its Challenges to Westphalian Constitutional Law by Martin Belov Pdf

Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in the foundations of Western modernity, such as humanism and rationalism, and is organised around familiar principles of national sovereignty, the rule of law, the separation of powers, and democracy. But since the end of the twentieth century, global constitutionalism has gradually emerged, challenging both the constitutional ideology and the constitutional design of Westphalian constitutional law. This book critically assesses the structural and functional transformations in the Westphalian constitutional tradition produced by the emergence of supranational and global constitutionalism. In so doing, it evaluates the theory of global constitutionalism, its legal and socio-political limits, and important issues concerning the supranational constitutionalism of the EU. This leads to an articulation of the constitutional theory of the emerging post-Westphalian constitutionalism, examining its development during a period of significantly increased access to and sharing of information, increased mobility and more open statehood, as well as the rise of human rights and its encounter with populism and nationalism. This book will be of great interest to scholars of constitutional law and theory, particularly those with an interest in globalisation and supranationalism.

The Law of Nations and the United States Constitution

Anthony J. Bellia Jr.,Bradford R. Clark
The Law of Nations and the United States Constitution Book PDF

Author : Anthony J. Bellia Jr.,Bradford R. Clark
Publisher : Oxford University Press
Page : 224 pages
File Size : 47,9 Mb
Release : 2017-03-10
Category : Law
ISBN : 9780190666781

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The Law of Nations and the United States Constitution by Anthony J. Bellia Jr.,Bradford R. Clark Pdf

The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.

Constitutional Moments

Anonim
Constitutional Moments Book PDF

Author : Anonim
Publisher : BRILL
Page : 541 pages
File Size : 44,8 Mb
Release : 2024-03-21
Category : History
ISBN : 9789004549159

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Constitutional Moments by Anonim Pdf

“Constitution” is a rich term in Western political culture, encompassing political and juridical doctrine as well as government practices through the ages. This volume examines “constitutional moments” in history, those occasions or episodes when significant steps were taken in the definition or redefinition of polities. Their actors were writers or politicians, rulers or ruled, who found inspiration in a distant past or instead looked towards a future to be drawn anew. This book sheds light on such moments from Ancient Greece to the present day, mostly in Europe but also in the Ottoman world and the Americas, thereby uncovering a revealing variety of constitutional thinking and action throughout history. Contributors are: Jon Arrieta, Niall Bond, Luc Brisson, Peter Cholakov, Nora Chonowski, Angela De Benedictis, F. Sinem Eryilmaz, Hakon Evju, Pablo Fernández Albaladejo, Javier Fernández Sebastián, Merieke Gebhardt, Xavier Gil, Mark J. Hill, Ferenc Hörcher, Jaska Kainulainen, Thomas Lorman, Adriana Luna-Fabritius, Ere Nokkala, Brian Kjaer Olesen, András Pap, Nikola Regent, Alberto Mariano Rodríguez Martínez, Pablo Sánchez León, José Reis Santos, and Ersin Yildiz.