Constitutional Crisis In The European Constitutional Area

Author : Armin von Bogdandy,Pál Sonnevend
Publisher : Bloomsbury Publishing
Page : 392 pages
File Size : 46,6 Mb
Release : 2015-03-26
Category : Law
ISBN : 9781782253334

Get Book

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 systemic 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 constitutions. 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.

Author : Michael O'Neill,Nicolae Păun
Publisher : Unknown
Page : 283 pages
File Size : 44,9 Mb
Release : 2008
Category : Electronic
ISBN : 6065260037

Get Book

Europe's Constitutional Crisis by Michael O'Neill,Nicolae Păun Pdf

Author : Martin Belov
Publisher : Taylor & Francis
Page : 323 pages
File Size : 44,7 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000830385

Get Book

Rule of Law in Crisis by Martin Belov Pdf

This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, memory politics and identity politics. It critically assesses the responses given by the EU and its member states to the current crisis. The work also provides an analysis of the most important challenges to rule of law stemming from the performance of constitutional courts, including the risks of judicial activism, politicization of the courts and judicialization of politics. The book will be an invaluable resource for researchers, academics and policy-makers working in the areas of Constitutional Law and Political Science.

Author : Tomi Tuominen
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 45,6 Mb
Release : 2021-06-25
Category : Law
ISBN : 9781800371590

Get Book

The Euro Crisis and Constitutional Pluralism by Tomi Tuominen Pdf

This insightful book assesses the theory of constitutional pluralism in light of the events of the Eurozone crisis of the past decade. Based on an analysis of how national courts reviewed the crisis response mechanisms and participated in the European-level political process, Tomi Tuominen argues that constitutional pluralism is not a valid normative theory of European constitutionalism.

Author : Erik Oddvar Eriksen,Christian Joerges,Florian Rödl
Publisher : Routledge
Page : 423 pages
File Size : 43,5 Mb
Release : 2008-07-04
Category : Political Science
ISBN : 9781134042807

Get Book

Law, Democracy and Solidarity in a Post-national Union by Erik Oddvar Eriksen,Christian Joerges,Florian Rödl Pdf

To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order. This book deals with four themes which make up the main sources of the ‘constitutional crisis’: The problem of the rule of law in a context of governance beyond the nation state The problem of the social deficit of the Union The problem of identity and collective memories The problem of institutionalizing post-national democracy. These themes constitute the unfinished agenda of the European integration process. Law, Democracy and Solidarity in a Post-national Union is based on the efforts of a collection of top scholars in the fields of Law, Political Science, Sociology and Economics, and will appeal to students and scholars of political science, the European Union and European studies.

Author : Massimo Fichera
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 51,9 Mb
Release : 2018-08-31
Category : Law
ISBN : 9781785363900

Get Book

The Foundations of the EU as a Polity by Massimo Fichera Pdf

In this insightful book, Massimo Fichera provides an original account of European integration as a process. He argues that European constitutionalism has been informed from its earliest stages by a meta-rationale, which is expressed by security and fundamental rights as discourses of power. Employing this descriptive and normative conceptual framework to analyse the development of the EU as a polity, chapters cover significant recent events such as the Eurozone crisis, the refugee crisis, the rule of law crisis, Brexit and the constitutional identity crisis.

Author : Mark A. Graber,Sanford Levinson,Mark Tushnet
Publisher : Oxford University Press
Page : 352 pages
File Size : 55,5 Mb
Release : 2018-08-23
Category : Law
ISBN : 9780190889005

Get Book

Constitutional Democracy in Crisis? by Mark A. Graber,Sanford Levinson,Mark Tushnet Pdf

Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

Author : Alicia Hinarejos Parga
Publisher : Oxford Studies in European Law
Page : 241 pages
File Size : 42,7 Mb
Release : 2015
Category : Law
ISBN : 9780198714958

Get Book

The Euro Area Crisis in Constitutional Perspective by Alicia Hinarejos Parga Pdf

The euro area sovereign debt crisis has been the greatest threat to the euro since its inception, but the consequences of the crisis go well beyond the realm of macroeconomics: the crisis has cast doubt on the viability of a mechanism of integration such as the one envisaged in Economic and Monetary Union (EMU), and on the future of the European Union as a political project in the face of citizens' growing disaffection. The various responses to the crisis have not only altered the principles underlying EMU; they have also had a profound impact on the constitutional orders of the EU and its Member States. This book focuses on the euro area crisis and its aftermath from a constitutional perspective. It provides a critical analysis of the workings and evolution of Economic and Monetary Union, the changes brought by the crisis and their broader effects, and the constitutional obstacles to integration in this area. Looking forward, it tackles the uncertain future of economic and fiscal integration and the challenges posed. This is a compelling and incisive account of some of the most significant developments and dilemmas facing the European Union since its creation.

Author : Massimo Fichera
Publisher : Edward Elgar Publishing
Page : 181 pages
File Size : 42,9 Mb
Release : 2023-07-01
Category : Law
ISBN : 9781789909005

Get Book

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.

Author : Kaarlo Tuori,Klaus Tuori
Publisher : Cambridge University Press
Page : 301 pages
File Size : 47,7 Mb
Release : 2014-01-09
Category : Business & Economics
ISBN : 9781107056558

Get Book

The Eurozone Crisis by Kaarlo Tuori,Klaus Tuori Pdf

Comprehensive overview of the Eurozone crisis from a multidimensional constitutional perspective which incorporates the underlying economic assumptions and developments.

Author : Mirosław Granat
Publisher : Taylor & Francis
Page : 185 pages
File Size : 48,9 Mb
Release : 2023-09-01
Category : Law
ISBN : 9781000935943

Get Book

Constitutionality of Law without a Constitutional Court by Mirosław Granat Pdf

This book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point of the research is the emergence of the so-called illiberal constitutionalism in several states, namely Poland, Hungary and Turkey, as this phenomenon gravely affects the functioning of constitutional courts. The work is divided into three parts. The first contains contributions of a theoretical nature dedicated to the current shape of constitutional review, in particular in the light of the emergence of "illiberal constitutionalism". This part of the book also deals with the collapse of the centralised constitutional review in Poland and the attempts to resolve the constitutional crisis. The second is focused on discussing specific, current problems with constitutional review, on the basis of states such as Hungary, Romania, Turkey and Poland. The third relates to other forms of constitutional review, that is, the so-called dispersed model and the parliamentary one executed in the course of the legislative process. The contributions discuss such forms of constitutional review in the Netherlands and Finland. The book will be a valuable resource for students, academics and policy-makers working in the areas of constitutional law and politics.

Author : Markus W. Gehring
Publisher : Cambridge University Press
Page : 439 pages
File Size : 47,5 Mb
Release : 2020-09-24
Category : Law
ISBN : 9781108487962

Get Book

Europe's Second Constitution by Markus W. Gehring Pdf

European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.

Author : Tomi Tuominen
Publisher : Unknown
Page : 267 pages
File Size : 47,6 Mb
Release : 2017
Category : Constitutional law
ISBN : 9523370375

Get Book

The European Constitution and the Eurozone Crisis by Tomi Tuominen Pdf

Author : Mai'a K. Davis Cross
Publisher : Cambridge University Press
Page : 259 pages
File Size : 43,7 Mb
Release : 2017-03-02
Category : Business & Economics
ISBN : 9781107147836

Get Book

The Politics of Crisis in Europe by Mai'a K. Davis Cross Pdf

An analysis of the repeated existential crises affecting the resilience of the European Union in the twenty-first century.

Author : Thomas Beukers,Bruno de Witte,Claire Kilpatrick
Publisher : Cambridge University Press
Page : 356 pages
File Size : 49,8 Mb
Release : 2017-07-06
Category : Law
ISBN : 9781107184497

Get Book

Constitutional Change through Euro-Crisis Law by Thomas Beukers,Bruno de Witte,Claire Kilpatrick Pdf

A multilevel and comparative constitutional analysis of the impact of Euro-crisis law on the EU Constitution and its Member States.