Economic Constitutionalism In A Turbulent World

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Economic Constitutionalism in a Turbulent World

Author : Achilles Skordas,Gábor Halmai,Lisa Mardikian
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 43,9 Mb
Release : 2023-05-28
Category : Electronic
ISBN : 178990756X

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Economic Constitutionalism in a Turbulent World by Achilles Skordas,Gábor Halmai,Lisa Mardikian Pdf

This insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism, placing the discussion within contemporary theoretical frameworks. Chapters explore the protection of fundamental rights under the new economic governance of the Eurozone, the constitutionalization of the internal market, and the relationship between international judicial authority, social systems, and geoeconomics. Bringing together scholars with expertise in international and European law, the book examines recent case studies including the EU internal market, WTO law, the CETA, and the ICJ. Offering a variety of legal and theoretical perspectives, this book will be essential reading for students and scholars in constitutional and administrative law, European and international economic law, global governance studies, and trade law. It will also be beneficial for political scientists and sociology theorists looking to gain an understanding of the legal foundations of economic constitutionalism.

Economic Constitutionalism in a Turbulent World

Author : Achilles Skordas,Gábor Halmai,Lisa Mardikian
Publisher : Edward Elgar Publishing
Page : 379 pages
File Size : 51,7 Mb
Release : 2023-05-09
Category : Law
ISBN : 9781789907575

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Economic Constitutionalism in a Turbulent World by Achilles Skordas,Gábor Halmai,Lisa Mardikian Pdf

This insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism and places the discussion within contemporary theoretical frameworks.

Conflict and Transformation

Author : Christian Joerges
Publisher : Bloomsbury Publishing
Page : 619 pages
File Size : 54,7 Mb
Release : 2022-10-06
Category : Law
ISBN : 9781509926978

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Conflict and Transformation by Christian Joerges Pdf

In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe's darker legacies. This is an important critical (and candid) assessment of Europe at its half century.

The New Economic Governance of the Eurozone

Author : Paul Dermine
Publisher : Cambridge University Press
Page : 425 pages
File Size : 52,7 Mb
Release : 2022-07-28
Category : Law
ISBN : 9781009216616

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The New Economic Governance of the Eurozone by Paul Dermine Pdf

An in-depth study of the Eurozone's economic governance and its constitutional foundations.

The Idea of Economic Constitution in Europe

Author : Anonim
Publisher : BRILL
Page : 847 pages
File Size : 42,7 Mb
Release : 2022-06-08
Category : Law
ISBN : 9789004519350

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The Idea of Economic Constitution in Europe by Anonim Pdf

Behind the controversies that have marked the history of the idea of Economic Constitution emerges the highly political issue of the room for manoeuvre left to public authorities in the economic sphere. The notion thus encapsulates a fundamental tension: between democracy and rule of law, which model of legal ordering of the economy should prevail? From physiocrats to neo-liberals, from the Weimar Republic to European integration, from national constitutions to Global Governance, this collective book invites us to explore the genealogy of the controversial concept of Economic Constitution. The result of this interdisciplinary dialogue is a comprehensive reflection on the legal and political issues at stake in the current constitutionalization of the market order in Europe. Contributors are: Philippe Steiner, Guillaume Grégoire, Hugues Rabault, Peter C. Caldwell, Thomas Biebricher, Werner Bonefeld, Serge Audier, Vincent Valentin, Pieter van Cleynenbreugel, Xavier Miny, Frédéric Marty, Claire Mongouachon, Hans-Wolfgang Micklitz, Francesco Martucci, Michael Wilkinson, Hjalte Lokdam, Susanna Maria Cafaro, Peter Lindseth, Cristina Fasone, Pierre Nihoul, François Colly, Peter-Christian Müller-Graff, Tony Prosser, Damien Piron, Mahmoud Mohamed Salah, Stephen Gill, Thibault Biscahie, Sebastien Adalid, and Christian Joerges. Derrière les controverses qui jalonnent l’histoire de l’idée de Constitution économique émerge la question éminemment politique de la marge de manœuvre laissée aux autorités publiques dans la sphère économique. La notion cristallise ainsi une tension fondamentale : entre démocratie et État de droit, quel doit être modèle d’organisation et d’ordonnancement juridique de l’économie? Des physiocrates aux néolibéraux, de la République de Weimar à l’intégration européenne, des constitutions nationales à la Global Governance, cet ouvrage collectif nous invite dès lors à explorer la généalogie du concept polémique de Constitution économique. Les auteurs ouvrent alors, à travers un dialogue interdisciplinaire constant, une réflexion globale autour des enjeux juridiques et politiques du processus actuel de constitutionnalisation de l’ordre de marché en Europe.

India and the European Union in a Turbulent World

Author : Rajendra K. Jain
Publisher : Springer Nature
Page : 246 pages
File Size : 40,8 Mb
Release : 2020-07-16
Category : Political Science
ISBN : 9789811539176

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India and the European Union in a Turbulent World by Rajendra K. Jain Pdf

The book examines how the European Union, which in the past had tended to be seen by India as an undervalued partner, is now increasingly part of most conversations in fields like the economy, technology, standards, best practices, development, defence and security. The book shows that the renewed focus on Europe is the result of changing geopolitics, India’s own priorities, Europe’s growing relevance in the post-Brexit era, China’s expanding footprint in the continent, and the search for alternatives to the loss of the UK as the gateway to Europe. The uncertainty inherent in the Brexit process and with the UK ceasing/having ceased to be the traditional gateway to Europe, India has been compelled to revisit, re-examine and rethink its own policies towards Europe and search for alternatives to Britain.

Europe's Functional Constitution

Author : Turkuler Isiksel
Publisher : Oxford University Press
Page : 280 pages
File Size : 48,8 Mb
Release : 2016-05-26
Category : Law
ISBN : 9780191076879

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Europe's Functional Constitution by Turkuler Isiksel Pdf

Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of 'functional constitutionalism' to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.

The Statecraft of Consensus Democracies in a Turbulent World

Author : José M. Magone
Publisher : Taylor & Francis
Page : 365 pages
File Size : 55,8 Mb
Release : 2016-12-19
Category : Political Science
ISBN : 9781315407852

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The Statecraft of Consensus Democracies in a Turbulent World by José M. Magone Pdf

Drawing on the work of Arend Lijphart, this book focuses on consensus democracies. These democracies entail a complex set of democratic institutional and conventional arrangements and can be regarded as a product of path-dependent development towards a national culture of compromise and bargaining. Taking a multi-dimensional and multi-spatial approach, this book examines the West central European consensus democracies of Austria, Belgium, Luxembourg, Netherlands and Switzerland, over the past 40 years. Magone examines how these democracies have been transformed by Europeanization thrusts and global turbulence yet are able to maintain political stability. It provides historical context including the different phases of transformation: the golden period (1945-1979); disorganised capitalism (1979-1993); and re-equilibration (1993-). It includes chapters on political culture, government, parliament, the rise of populism and political parties, subnational government, and the political economy and concludes deliberating on the relevance of consensus democracies’ experiences for the future of European and global governance. Based on original research, this book will be of strong interest to students and scholars of comparative politics, European government, West European politics, the politics of small states in Europe, and those with a particular interest in the politics of Austria, Belgium, the Netherlands, Luxembourg and Switzerland.

State and Civil Society in Northern Europe

Author : Lars Trägårdh
Publisher : Berghahn Books
Page : 300 pages
File Size : 53,5 Mb
Release : 2007
Category : Political Science
ISBN : 1845451872

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State and Civil Society in Northern Europe by Lars Trägårdh Pdf

In the current neo-liberal political and economic climate, it is often suggested that a large and strong state stands in opposition to an autonomous and vibrant civil society. However, the simultaneous presence in Sweden of both a famously large public sector and an unusually vital civil society poses an interesting and important theoretical challenge to these views with serious political and policy implications. Studies show that in a comparative context Sweden scores very highly when it comes to the strength and vitality of its civil society as well as social capital, as measured in terms of trust, lack of corruption, and membership of voluntary associations. The "Swedish Model," therefore, offers important insights into the dynamics of state and civil society relations, which go against current trends of undermining the importance of the welfare state, and presents autonomous civic participation as the only way forward.

Beyond Constitutionalism

Author : Nico Krisch
Publisher : OUP Oxford
Page : 384 pages
File Size : 52,7 Mb
Release : 2012-09-06
Category : Law
ISBN : 9780191637261

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Beyond Constitutionalism by Nico Krisch Pdf

Under pressure from globalisation, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postnational legal order. The typical response of constitutional and international lawyers as well as political theorists has been to extend domestic concepts - especially constitutionalism - beyond the state. Yet as this book argues, proposals for postnational constitutionalism not only fail to provide a plausible account of the changing shape of postnational law but also fall short as a normative vision. They either dilute constitutionalism's origins and appeal to 'fit' the postnational space; or they create tensions with the radical diversity of postnational society. This book explores an alternative, pluralist vision of postnational law. Pluralism does not rely on an overarching legal framework but is characterised by the heterarchical interaction of various suborders of different levels - an interaction that is governed by a multiplicity of conflict rules whose mutual relationship remains legally open. A pluralist model can account for the fragmented structure of the European and global legal orders and it reflects the competing (and often equally legitimate) claims for control of postnational politics. However, it typically provokes concerns about stability, power and the rule of law. This book analyses the promise and problems of pluralism through a theoretical enquiry and empirical research on major global governance regimes, including the European human rights regime, the contestation around UN sanctions and human rights, and the structure of global risk regulation. The empirical research reveals how prevalent pluralist structures are in postnational law and what advantages they possess over constitutionalist models. Despite the problems it also reveals, the analysis suggests cautious optimism about the possibility of stable and fair cooperation in pluralist settings.

Peoples of the Earth

Author : Martin Edwin Andersen
Publisher : Lexington Books
Page : 320 pages
File Size : 45,5 Mb
Release : 2012-07-10
Category : Political Science
ISBN : 9780739143933

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Peoples of the Earth by Martin Edwin Andersen Pdf

Peoples of the Earth employs a comparative history of ethno-nationalism to examine Indian activism and its challenges to the political, social and economic status quo in the countries of Central and South America. It explores the intersect between problems of democratic empowerment and security-including the appearance of radical Islam among Indians in two important countries-arising from the re-emergence of dormant forms of ethnic militancy and unprecedented internal challenges to nation-states. The institutions and practices of Indian self-government in the United States and Canada are examined as a means of comparison with contemporary phenomena in Central and South America, suggesting frameworks for the successful democratic incorporation of the region's most disenfranchised peoples. European models emerging from "intermestic" dilemmas are considered, as are those involving the Inuit people (or Eskimos) in the Canadian far north, as policymakers there "think outside the box" in ways that include more robust roles for both sub-national and international bodies. Finally, the work challenges policymakers to broaden the debate about how to approach the issues of political and economic empowerment and regional security concerning Native peoples, to include consideration of new ways of protecting both land rights and the environment, thus avoiding a zero-sum solution between the region's 40 million Indians and the rest of its peoples. Peoples of the Earth has the potential to become a pioneer study addressing ethnic activism, characterized by multiple, small groups pressing for state recognition and democratic participation, while also promoting a defence of the environment and natural resources. Part of its attractiveness is the likelihood that the work will lead to further investigations and will become an authoritative point of departure for the fertile area of ethnonationalism studies in Latin America. Each country chapter provides a succinct but substantial presentation of the basic issue

New Challenges to Constitutional Adjudication in Europe

Author : Zoltán Szente,Fruzsina Gárdos-Orosz
Publisher : Routledge
Page : 324 pages
File Size : 52,7 Mb
Release : 2018-03-09
Category : Law
ISBN : 9781351674744

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New Challenges to Constitutional Adjudication in Europe by Zoltán Szente,Fruzsina Gárdos-Orosz Pdf

In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends. This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.

Darker Legacies of Law in Europe

Author : Christian Joerges,Navraj Singh Ghaleigh
Publisher : Bloomsbury Publishing
Page : 440 pages
File Size : 46,8 Mb
Release : 2003-05-22
Category : Law
ISBN : 9781847311672

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Darker Legacies of Law in Europe by Christian Joerges,Navraj Singh Ghaleigh Pdf

The legal scholarship of the National Socialist and Fascist period of the 20th century and its subsequent reverberation throughout European law and legal tradition has recently become the focus of intense scholarly discussion. This volume presents theoretical,historical and legal inquiries into the legacy of National Socialism and Fascism written by a group of the leading scholars in this field. Their essays are wide-ranging, covering the reception of National Socialist and Fascist ideologies into legal scholarship; contemporary perceptions of Nazi Law in the Anglo-American world; parallels and differences among authoritarian regimes in the Third Reich, Austria, Italy, Spain, and Vichy-France; how formerly authoritarian countries have dealt with their legal antecedents; continuities and discontinuities in legal thought in private law, public law, labour law, international and European law; and the legal profession's endogenous obedience and the pains of Vergangenheitsbewältigung. The majority of the contributions were first presented at a conference at the EUI in the autumn of 2000, the others in subsequent series of seminars.

Global-Local Tradeoffs, Order-Disorder Consequences

Author : Imtiaz A. Hussain
Publisher : Springer Nature
Page : 348 pages
File Size : 54,7 Mb
Release : 2022-03-31
Category : Political Science
ISBN : 9789811694196

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Global-Local Tradeoffs, Order-Disorder Consequences by Imtiaz A. Hussain Pdf

In this book, ten substantive chapters examine how collisions between technological developments (globalizing forces) and thickening populist pressures (localizing dynamics) constantly keep reinventing the state in unforeseen and unpredictable ways. We learn of how international organizations have fared, and to what extent grass-roots grumbles have impacted big-picture developments in quite diverse parts of the world. Just placing unfolding crises under the microscope cannot but generate policy-solving observations. Treated in corresponding order, these crises revolve around adjusting international institutions; absorbing current populist outbursts; shifting from peacekeeping to peacemaking; spying in the global south; absorbing displaced persons; Rwandan land reform; pandemic and RMG readjustments; Bangladesh’s democratic transition; Rohingyan-Syrian refugees; and Mexico’s 1990s liberalization. Though overarching, observations in the book accent state strength battling with state porosity; the downward spiraling of global order; and the simple lack of any controlling mechanism against globalizing/localizing dynamics in the trenches of everyday life being matched by continued uncertainty on the analytical plane.

The State of Social Progress of Islamic Societies

Author : Habib Tiliouine,Richard J. Estes
Publisher : Springer
Page : 682 pages
File Size : 47,9 Mb
Release : 2016-04-08
Category : Social Science
ISBN : 9783319247748

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The State of Social Progress of Islamic Societies by Habib Tiliouine,Richard J. Estes Pdf

This handbook addresses the historical background of the Islamic world and reviews its basic past intellectual achievements. It studies social progress of these regions and sub-regions in comparison with other parts of the world. It uses large data sets and well established statistically weighted Indexes in order to assess the nature and pace of the multiple facets of social change in member states of the Organization of Islamic Cooperation (OIC). The handbook extensively discusses the main challenges confronting the Islamic nations in the social, economic, political, and ideological fields. Though it is recognizable that social change in the Islamic World is generally positive, it remains highly variable in pace and there is room to speed it up to the benefit of millions of deprived Muslim people. Hence, the book studies the different propositions and programs of action, such as the United Nations’ Millennium Development Campaign and the OIC’s Ten-Year Programme of Action to present an integrated and comprehensive agenda of action to help improve the situation in the Islamic World.