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Author : J. H. H. Weiler,Marlene Wind
Publisher : Cambridge University Press
Page : 256 pages
File Size : 47,9 Mb
Release : 2003-09-04
Category : Law
ISBN : 0521796717
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
Author : Giovanni De Gregorio
Publisher : Cambridge University Press
Page : 383 pages
File Size : 53,5 Mb
Release : 2022-05-26
Category : Law
ISBN : 9781316512777
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.
Author : Kaarlo Tuori
Publisher : Cambridge University Press
Page : 419 pages
File Size : 53,5 Mb
Release : 2015-07-16
Category : Law
ISBN : 9781107087095
This book provides a new understanding of the European constitution as a multidimensional process of constitutionalization, constantly interacting with Member State constitutions.
Author : Gráinne de Búrca,J. H. H. Weiler
Publisher : Cambridge University Press
Page : 128 pages
File Size : 55,7 Mb
Release : 2011-10-13
Category : Political Science
ISBN : 9781139501927
The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, in both the EU's internal and its external relations. The book culminates in a dialogical epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike.
Author : Christian Calliess,Gerhard van der Schyff
Publisher : Cambridge University Press
Page : 393 pages
File Size : 45,8 Mb
Release : 2019-10-24
Category : Law
ISBN : 9781108480437
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Author : Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke
Publisher : Cambridge University Press
Page : 625 pages
File Size : 41,8 Mb
Release : 2018-11-29
Category : History
ISBN : 9781108417112
Examines and compares East Asian and European perspectives of Global Constitutionalism.
Author : Georg Nolte
Publisher : Cambridge University Press
Page : 336 pages
File Size : 47,7 Mb
Release : 2005-09-29
Category : Law
ISBN : 1139446908
European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.
Author : Wojciech Sadurski
Publisher : Oxford University Press
Page : 263 pages
File Size : 42,7 Mb
Release : 2012-07-26
Category : Law
ISBN : 9780199696789
Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.
Author : András Jakab
Publisher : Cambridge University Press
Page : 531 pages
File Size : 45,6 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781107130784
Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.
Author : Suvi Sankari
Publisher : Routledge
Page : 323 pages
File Size : 54,5 Mb
Release : 2016-03-03
Category : Law
ISBN : 9781317024484
This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.
Author : Roger Masterman,Robert Schütze
Publisher : Cambridge University Press
Page : 653 pages
File Size : 53,8 Mb
Release : 2019-10-03
Category : Law
ISBN : 9781107167810
Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
Author : Jiří Přibáň
Publisher : Routledge
Page : 176 pages
File Size : 44,9 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781000456097
This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.
Author : Tímea Drinóczi,Agnieszka Bień-Kacała
Publisher : Routledge
Page : 166 pages
File Size : 43,9 Mb
Release : 2020-09-08
Category : Law
ISBN : 9781000172430
This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.
Author : Georg Nolte,European Commission for Democracy through Law
Publisher : Council of Europe
Page : 257 pages
File Size : 41,7 Mb
Release : 2005-01-01
Category : Political Science
ISBN : 9789287157133
This book compiles the papers and comments delivered at the Confârence on "European and American constitutionaism" which took place in Gèttingen in 2003. Through topics like freedom of speech, human dignity, the protective function of the state, adjudication and democracy and international influences, the conference papers identify salient features of the constitutional systems on both sides of the Atlantic and address recent developments following the end of the soviet era in eastern Europe and the terrorists attacks of 11 September 2001.
Author : Brady Gordon
Publisher : Cambridge University Press
Page : 565 pages
File Size : 45,9 Mb
Release : 2022-04-14
Category : Law
ISBN : 9781108830096
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.
