Constitutional Acceleration Within The European Union And Beyond

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Constitutional Acceleration within the European Union and Beyond

Author : Paul Blokker
Publisher : Routledge
Page : 240 pages
File Size : 54,6 Mb
Release : 2017-10-12
Category : Law
ISBN : 9781315453637

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Constitutional Acceleration within the European Union and Beyond by Paul Blokker Pdf

Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed analysis of the key challenges and changes affecting domestic constitutionalism in Europe and beyond, departing from the idea of ‘constitutional acceleration’ or the increased propensity of different actors to engage in (formal) reform of the constitutional order. The volume points to a fundamental change in the function of constitutions in that constitutions themselves are increasingly subjects of political contestation rather than framing political debates. The collection of essays addresses a range of critical challenges – including societal acceleration, depoliticization, civic engagement, multi-faceted constituent power, modernization, populism and nationalism, and transnationalization. The volume includes a variety of disciplinary, and in some cases interdisciplinary, approaches, including (political) sociology, political science, constitutional law, and constitutional and legal theory, and will be of interest to researchers and students in any of these areas. Case studies focus on the EU and the wider European context, and include highly relevant but little known or ill-understood cases, such as the recent constitutional events in Iceland, Italy, or Romania, and cases of democratic reversal, such as Hungary, while also engaging with traditional but rapidly changing cases of constitutional interest, such as the UK.

European Constitutionalism Beyond the State

Author : J. H. H. Weiler,Marlene Wind
Publisher : Cambridge University Press
Page : 256 pages
File Size : 42,5 Mb
Release : 2003-09-04
Category : Law
ISBN : 0521796717

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European Constitutionalism Beyond the State by J. H. H. Weiler,Marlene Wind Pdf

Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.

Constitutional Pluralism in the European Union and Beyond

Author : Matej Avbelj,Jan Komárek
Publisher : Unknown
Page : 424 pages
File Size : 44,7 Mb
Release : 2012
Category : Constitutional law
ISBN : 1472561120

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Constitutional Pluralism in the European Union and Beyond by Matej Avbelj,Jan Komárek Pdf

Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.

The EU and Constitutional Time

Author : Massimo Fichera
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 50,7 Mb
Release : 2023-07-28
Category : Electronic
ISBN : 178990899X

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The EU and Constitutional Time by Massimo Fichera Pdf

This insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions and contradictions of European constitutionalism using the lens of constitutional time. The author's claim is that duration should not be sought just for its own sake: an internal link between constitutionalism and democracy should be ensured. He suggests two options to achieve this objective. The first centres on decision-making at the sub-national or local level and by intermediate bodies, including cities and regions as well as political parties and private bodies. The second focuses on the promotion of socio-economic rights and welfare standards. Through these debates a theory of 'communal constitutionalism' is proposed - placing emphasis on the role of future generations. Combining temporal and reflexive dimensions it addresses the questions of how to be 'secure' and what it means for the EU polity to be 'secure'. This expertly crafted book will be essential reading for students and scholars of constitutional and administrative law, European law and legal theory. It will also be of interest to political scientists looking at European constitutionalism and sociologists interested in the development of law beyond the State.

Critical Reflections on Constitutional Democracy in the European Union

Author : Sacha Garben,Inge Govaere,Paul F. Nemitz
Publisher : Hart Publishing
Page : 431 pages
File Size : 51,5 Mb
Release : 2019
Category : Constitutional law
ISBN : 150993328X

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Critical Reflections on Constitutional Democracy in the European Union by Sacha Garben,Inge Govaere,Paul F. Nemitz Pdf

"This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners, legal and political perspectives, focusing on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the rich array of existing scholarship and debate, by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal"--

European Constitutionalism Beyond Lisbon

Author : Jan Wouters,L. F. M. Verhey,Philipp Kiiver
Publisher : Unknown
Page : 0 pages
File Size : 49,8 Mb
Release : 2009
Category : Constitutional law
ISBN : 9050958885

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European Constitutionalism Beyond Lisbon by Jan Wouters,L. F. M. Verhey,Philipp Kiiver Pdf

As Europe's leaders seek to finally secure the ratification of the Treaty of Lisbon after the Irish "no" vote, it is time to take a step back and review, in a broader perspective, the past decade of attempts at European constitutional reform. This book discusses the changes that had been envisaged under the EU's Constitutional Treaty and the Treaty of Lisbon. It also shows, in a number of areas of European integration, the continuity of Europe's constitutional development before and beyond Lisbon. The subjects covered include treaty-making and understanding the outcome of referendums; the process of de-pillarization and the development of the EU's human rights agenda; citizenship, migration, and foreign policy; the EU's "social market economy;" the role of national parliaments and the search for more executive accountability and democratic legitimacy in the EU; and the issue of democracy and transparency. Views on the future of European constitutionalism conclude the discussion.

Constitutional Crisis in the European Constitutional Area

Author : Armin von Bogdandy,Pál Sonnevend
Publisher : Nomos Verlagsgesellschaft
Page : 0 pages
File Size : 48,5 Mb
Release : 2015
Category : Constitutional law
ISBN : 3848719967

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Constitutional Crisis in the European Constitutional Area by Armin von Bogdandy,Pál Sonnevend Pdf

The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop serious deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitution s. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little studied aspect of European constitutionalism.

Learning from the EU Constitutional Treaty

Author : Ben Crum
Publisher : Unknown
Page : 0 pages
File Size : 53,7 Mb
Release : 2014-07-03
Category : Constitutional history
ISBN : 1138812897

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Learning from the EU Constitutional Treaty by Ben Crum Pdf

The negative results of referenda on the European Union (EU) Constitutional Treaty in France and the Netherlands, and subsequent low-key adoption of the Treaty of Lisbon raise complex questions about the possible democratization of international organisations. This book provides a full analysis of the EU Constitutional Treaty process, grounded in broader political theoretical debates about democratic constitutionalisation and globalization. As international organizations become permanent systems of governance that directly interfere in individuals' lives, it is not enough to have them legitimated by the consent of governments alone. This book presents an evaluation of the present EU Treaty of Lisbon in comparison with the original EU Constitutional Treaty, and analyses the importance of consent of the people, asking if saving the treaty came at the cost of democracy. Drawing first-hand on the European Convention and the referendum in the Netherlands, this book outlines an original political theory of democratic constitutionalisation beyond the nation-state, and argues that international organizations can be put on democratic foundations, but only by properly engaging national political structures. Learning from the EU Constitutional Treaty will be of interest to students and scholars of European Union politics, history and policy.

The Abuse of Constitutional Identity in the European Union

Author : Julian Scholtes
Publisher : Oxford University Press
Page : 241 pages
File Size : 49,7 Mb
Release : 2023-08-08
Category : Law
ISBN : 9780198883197

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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.

Deliberative Constitution-making

Author : Min Reuchamps,Yanina Welp
Publisher : Taylor & Francis
Page : 239 pages
File Size : 44,8 Mb
Release : 2023-08-31
Category : Political Science
ISBN : 9781000955248

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Deliberative Constitution-making by Min Reuchamps,Yanina Welp Pdf

This book explains deliberative constitution-making with a special focus on the connections between participation, representation and legitimacy and provides a general overview of what the challenges and prospects of deliberative constitution-making are today. It seeks to provide a more complete picture of what is at stake as a political trend in various places in the world, both theoretically and empirically grounded. Distinctively, the book studies not only established democracies and well-known cases of deliberative constitution-making but also such practices in authoritarian and less consolidated democratic settings and departs from a traditional institutional perspective to have a special focus on actors, and in particular underrepresented groups. This book is of key interest to scholars and students of deliberative democracy, constitutional politics, democratization and autocratization studies, citizen participation and more broadly to comparative politics, public administration, social policy and law.

Illiberal Politics and Religion in Europe and Beyond

Author : Anja Hennig,Mirjam Weiberg-Salzmann
Publisher : Campus Verlag
Page : 559 pages
File Size : 48,9 Mb
Release : 2020-12-16
Category : Political Science
ISBN : 9783593443140

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Illiberal Politics and Religion in Europe and Beyond by Anja Hennig,Mirjam Weiberg-Salzmann Pdf

Globale Migrationsbewegungen, Sicherheitsbedrohungen und soziale Umwälzungen haben in den vergangenen Jahren den Aufstieg populistischer rechter Parteien und Bewegungen in Europa und im transatlantischen Raum befördert. Religiöse Akteure stellen potenzielle Allianzpartner für diese Gruppierungen dar. Denn religiöse Interpretationen, etwa die Bezugnahme auf christliche Traditionen, bieten ein Reservoir für die Konstruktion vermeintlich natürlicher Geschlechterordnungen, exkludierender Vorstellungen homogener Nationen und anti-muslimischer Narrative. Dieses Buch analysiert die ideologische, strukturelle und historische Verbindung von Religion und illiberalen Politiken in europäischen Demokratien.

Beyond Presidentialism and Parliamentarism

Author : Steffen Ganghof
Publisher : Oxford University Press
Page : 225 pages
File Size : 55,6 Mb
Release : 2022-01-16
Category : Political Science
ISBN : 9780192897145

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Beyond Presidentialism and Parliamentarism by Steffen Ganghof Pdf

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. In a democracy, a constitutional separation of powers between the executive and the assembly may be desirable, but the constitutional concentration of executive power in a single human being is not. Beyond Presidentialism and Parliamentarism defends this thesis and explores 'semi-parliamentary government' as an alternative to presidential government. Semi-parliamentarism avoids power concentration in one person by shifting the separation of powers into the democratic assembly. The executive becomes fused with only one part of the assembly, even though the other part has at least equal democratic legitimacy and robust veto power on ordinary legislation. The book identifies the Australian Commonwealth and Japan as well as the Australian states of New South Wales, South Australia, Tasmania, Victoria, and Western Australia as semi-parliamentary systems. Using data from 23 countries and six Australian states, it maps how parliamentary and semi-parliamentary systems balance competing visions of democracy; it analyzes patterns of electoral and party systems, cabinet formation, legislative coalition-building, and constitutional reforms; systematically compares the semi-parliamentary and presidential separation of powers; and develops new and innovative semi-parliamentary designs, some of which do not require two separate chambers.

Neo-militant Democracies in Post-communist Member States of the European Union

Author : Joanna Rak,Roman Bäcker
Publisher : Routledge
Page : 208 pages
File Size : 41,7 Mb
Release : 2022-03-24
Category : Political Science
ISBN : 9781000539066

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Neo-militant Democracies in Post-communist Member States of the European Union by Joanna Rak,Roman Bäcker Pdf

This book examines contemporary militant democracies in post-communist states in the European Union. Examining, through case studies, their broader relevance to political, legal, and social structures, this book looks in revealing detail at the struggles between these democratic and anti-democratic actors that share similar historical experiences of contentious politics, communism, and political transformation. It importantly unravels the tension between them, determining which are already authoritarian, and which are teetering on the brink of an anti-democratic breakthrough. Analysing regimes’ continuance trajectories to capture how and what shaped the neo-militant aspects of democracies (neomilitancy) over time, the book accounts for why particular post-communist European neo-militant democracies emerge while others decline or transform into quasi-militant democracies despite transformation, how they differ from each other, what brings about the differences and similarities between them, and how and why they change over time. With right-wing populist parties coming to power on the back of fears associated with economic, social, and cultural globalisation and the misuse of state authorities to strengthen protective measures against threats to democratic institutions, the book represents a timely and important contribution. This book will be of key interest to scholars and students of Post-Soviet/Communist/East European Studies, Democratic Backsliding, European and Comparative Politics, Nationalism and Ethnic Conflict, Democracy and Dictatorship, Public Comparative Constitutional Law, Human Rights Law and Political Theory.

The Constitutional Boundaries of European Fiscal Federalism

Author : Brady Gordon
Publisher : Cambridge University Press
Page : 565 pages
File Size : 46,5 Mb
Release : 2022-04-14
Category : Law
ISBN : 9781108830096

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The Constitutional Boundaries of European Fiscal Federalism by Brady Gordon Pdf

This book provides an authoritative source for which models of fiscal federalism are compatible with the constitutional boundaries of the European legal order. It offers an encompassing guide to the leading constitutional case law in all EU Member States.

Human Dignity and Democracy in Europe

Author : Bedford, Daniel,Dupré, Catherine,Halmai, Gábor,Kapotas, Panos
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 43,6 Mb
Release : 2022-03-17
Category : Law
ISBN : 9781789902846

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Human Dignity and Democracy in Europe by Bedford, Daniel,Dupré, Catherine,Halmai, Gábor,Kapotas, Panos Pdf

This collection identifies and discuss the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into the uses of human dignity to promote and challenge ideas of identity and solidarity.