Constitutions In The Global Financial Crisis

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Constitutions in the Global Financial Crisis

Author : Xenophon Contiades
Publisher : Routledge
Page : 338 pages
File Size : 49,7 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317161615

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Constitutions in the Global Financial Crisis by Xenophon Contiades Pdf

This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume’s extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.

Constitutions in the Global Financial Crisis

Author : Daniel Anthony
Publisher : Createspace Independent Publishing Platform
Page : 304 pages
File Size : 46,6 Mb
Release : 2017-05-25
Category : Electronic
ISBN : 1548156205

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Constitutions in the Global Financial Crisis by Daniel Anthony Pdf

This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions.

Constitutions in Times of Financial Crisis

Author : Tom Ginsburg,Mark D. Rosen,Georg Vanberg
Publisher : Cambridge University Press
Page : 342 pages
File Size : 50,7 Mb
Release : 2022-06-30
Category : Law
ISBN : 1108729207

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Constitutions in Times of Financial Crisis by Tom Ginsburg,Mark D. Rosen,Georg Vanberg Pdf

Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.

European Welfare State Constitutions after the Financial Crisis

Author : Ulrich Becker,Anastasia Poulou
Publisher : Oxford University Press
Page : 401 pages
File Size : 42,7 Mb
Release : 2020-11-25
Category : Law
ISBN : 9780192592699

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European Welfare State Constitutions after the Financial Crisis by Ulrich Becker,Anastasia Poulou Pdf

Hit by the European financial and economic crisis in 2008, several Member States of the European Monetary Union (EMU) were unable to refinance their public debt through the financial markets. As a result, they asked for financial assistance from international institutions and European financial assistance mechanisms. That assistance often came at a high price for citizens, cuts in pensions and social assistance, and controversial reforms in public healthcare. These far-reaching reforms were, in many cases, experienced as violations of people's human rights. National constitutional courts, the Court of Justice of the EU, and the European Court of Human Rights issued a series of rulings on the conformity of the reforms in social protection initiated during the Eurozone crisis. This book offers a holistic analysis of the specific reforms in social protection introduced during the European financial crisis and their implications for constitutional law. Focusing on the social reforms of nine European countries that were greatly affected by the financial crisis, the volume seeks to address the legacy of the financial crisis on the application of constitutional law and the welfare state. The book will act as a helpful tool to legal academics interested in the challenges of constitutional and social law initiated by financial assistance conditionality, to advocates in quest of sound legal bases for the protection of individuals affected by social security reforms, and to national and international judges who are confronted with cases that question the legality and legitimacy of the crisis-related reforms.

Economic and Social Rights after the Global Financial Crisis

Author : Aoife Nolan
Publisher : Cambridge University Press
Page : 413 pages
File Size : 53,9 Mb
Release : 2014-10-09
Category : Law
ISBN : 9781107043251

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Economic and Social Rights after the Global Financial Crisis by Aoife Nolan Pdf

This book addresses the interrelationship between economic and financial crises, the responses thereto, and economic and social rights.

Global Economic Crisis as Social Hieroglyphic

Author : Christos Memos
Publisher : Routledge
Page : 252 pages
File Size : 49,5 Mb
Release : 2021-04-14
Category : Political Science
ISBN : 9781351608558

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Global Economic Crisis as Social Hieroglyphic by Christos Memos Pdf

This book examines the 2008 global economic crisis as a complex social phenomenon or "social hieroglyphic", arguing that the crisis is not fundamentally economic, despite presenting itself as such. Instead, it is considered to be a symptom of a long-standing, multifaceted, and endemic crisis of capitalism which has effectively become permanent, leading contemporary capitalist societies into a state of social regression, manifest in new forms of barbarism. The author offers a qualitative understanding of the economic crisis as the perversion, or inversion, of the capitalistically organized social relations. The genesis of the current crisis is traced back to the unresolved world crisis surrounding the Great Depression in order to map the course and different "inverted forms" of the continuous global crisis of capitalism, and to reveal their inner connections as derivative of the same social constitution. From a historical and interdisciplinary perspective, the book expounds critical social theory, elaborating on the intersection between the early critical theory of the Frankfurt School – mainly Adorno, Horkheimer, and Marcuse – and the "social form" analysis of the Open Marxism school. Global Economic Crisis as Social Hieroglyphic critically addresses the permanent character of the 1920s–1930s crisis and the "crisis theory" debates; the political crisis in Eastern Europe (1953–1968); the crisis of Keynesianism; the crisis of subversive reason; the crisis, negative anthropology and transformations of the bourgeois individual; the state of social regression and the destructive tendencies after the rise of neoliberalism; and finally, the 2008 financial crisis and its ongoing aftermath.

Constitutions in the Global Financial Crisis

Author : Xenophon Contiades
Publisher : Routledge
Page : 316 pages
File Size : 42,5 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317161622

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Constitutions in the Global Financial Crisis by Xenophon Contiades Pdf

This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume’s extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.

Constitutionalism Under Extreme Conditions

Author : Richard Albert,Yaniv Roznai
Publisher : Springer Nature
Page : 445 pages
File Size : 54,8 Mb
Release : 2020-09-24
Category : Law
ISBN : 9783030490003

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Constitutionalism Under Extreme Conditions by Richard Albert,Yaniv Roznai Pdf

This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

The Economic Constitution

Author : Tony Prosser
Publisher : OUP Oxford
Page : 320 pages
File Size : 49,8 Mb
Release : 2014-03-13
Category : Law
ISBN : 9780191027406

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The Economic Constitution by Tony Prosser Pdf

There has been little analysis of the constitutional framework for management of the UK economy, either in constitutional law or regulatory studies. This is in contrast to many other countries where the concept of an 'economic constitution' is well established, as it is in the law of the European Union. Given the extensive role of the state in attempting to resolve recent financial crises in the UK and elsewhere in Europe, it is particularly important to develop such an analysis. This book sets out different meanings of an economic constitution, and applies them to key areas of economic management, including taxation and public borrowing, the management of public spending, (including the Spending Review), monetary policy, financial services regulation, industrial policy (including state shareholdings) and government contracting. It analyses the key institutions involved such as the Treasury and the Bank of England, also including a number of less well-known bodies such as the Office for Budget Responsibility. There is also coverage of the international context in which these institutions operate especially the European Union and the World Trade Organisation. It thus provides an account of the public law applying to economic management in the UK. This book also adopts a critical approach, assessing the degree to which there is coherence in the arrangements for economic management, the degree to which economic policy-making is constrained by constitutional norms, and the degree to which economic management is subject to deliberation and accountability through Parliament, the courts and other institutions.

European Welfare State Constitutions After the Financial Crisis

Author : Ulrich Becker,Anastasia Poulou
Publisher : Oxford University Press, USA
Page : 401 pages
File Size : 50,5 Mb
Release : 2020
Category : Law
ISBN : 9780198851776

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European Welfare State Constitutions After the Financial Crisis by Ulrich Becker,Anastasia Poulou Pdf

This book examines the specific reforms in social protection that took place during the European financial crisis, while embedding them in a broader human rights and constitutional law framework of nine European countries. Analytical and comprehensive, this is a helpful tool for all legal professionals that deal with crisis-related reforms.

Iceland's Financial Crisis

Author : Valur Ingimundarson,Philippe Urfalino,Irma Erlingsdóttir
Publisher : Routledge
Page : 328 pages
File Size : 47,5 Mb
Release : 2016-07-01
Category : Political Science
ISBN : 9781317209737

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Iceland's Financial Crisis by Valur Ingimundarson,Philippe Urfalino,Irma Erlingsdóttir Pdf

Being the first casualty of the international financial crisis, Iceland was, in many ways, turned into a laboratory when it came to responding to one of the largest corporate failures on record. This edited volume offers the most wide-ranging treatment of the Icelandic financial crisis and its political, economic, social, and constitutional consequences. Interdisciplinary, with contributions from historians, economists, sociologists, legal scholars, political scientists and philosophers, it also compares and contrasts the Icelandic experience with other national and global crises. It examines the economic magnitude of the crisis, the social and political responses, and the unique transitional justice mechanisms used to deal with it. It looks at backward-looking elements, including a societal and legal reckoning – which included the indictment of a Prime Minister and jailing of leading bankers for their part in the financial crisis – and forward-looking features, such as an attempt to rewrite the Icelandic constitution. Throughout, it underscores the contemporary relevance of the Icelandic case. While the Icelandic economic recovery has been much quicker than expected; it shows that public faith in political elites has not been restored. This text will be of key interest to scholars, policy-makers and students of the financial crisis in such fields as European politics, international political economy, comparative politics, sociology, economics, contemporary history, and more broadly the social sciences and humanities.

The Crisis of the Middle-Class Constitution

Author : Ganesh Sitaraman
Publisher : Vintage
Page : 434 pages
File Size : 47,8 Mb
Release : 2018-02-06
Category : Law
ISBN : 9781101973455

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The Crisis of the Middle-Class Constitution by Ganesh Sitaraman Pdf

In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic? The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.

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

Author : Anneli Albi,Samo Bardutzky
Publisher : Springer
Page : 1522 pages
File Size : 53,5 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.

Law and the Management of Disasters

Author : Alexia Herwig,Marta Simoncini
Publisher : Routledge
Page : 270 pages
File Size : 45,5 Mb
Release : 2016-12-01
Category : Law
ISBN : 9781317273684

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Law and the Management of Disasters by Alexia Herwig,Marta Simoncini Pdf

Disasters raise serious challenges for contemporary legal orders: they demand significant management, but usually amidst massive disruption to the normal functioning of state authority and society. When dealing with disasters, law has traditionally focused on contingency planning and recovery. More recently, however, ‘resilience’ has emerged as a key concept in effective disaster management policies and strategies, aiming at minimising the impact of events, so that the normal functioning of society and the state can be preserved. This book analyses the contribution of law to resilience building by looking at law’s role in the different phases of the disaster regulatory process: risk assessment, risk management, emergency intervention, and recovery. More specifically, it addresses how law can effectively contribute to resilience-oriented distaster management policies, and what legal instruments can support effective resilience-building.

Making a 21st Century Constitution

Author : Frank Vibert
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 44,9 Mb
Release : 2018-06-29
Category : LAW
ISBN : 9781788118057

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Making a 21st Century Constitution by Frank Vibert Pdf

Democratic constitutions are increasingly unfit for purpose with governments facing increased pressures from populists and distrust from citizens. The only way to truly solve these problems is through reform. Within this important book, Frank Vibert sets out the key challenges to reform, the ways in which constitutions should be revitalised and provides the standards against which reform should be measured.