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Author : Albrecht Weber
Publisher : Unknown
Page : 0 pages
File Size : 41,6 Mb
Release : 2019
Category : Electronic
ISBN : 3406795331
Author : A. W. Heringa
Publisher : Unknown
Page : 0 pages
File Size : 45,7 Mb
Release : 2019
Category : Comparative government
ISBN : 1780688830
The 5th edition of this handbook provides a user-friendly introduction to comparative constitutional law. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. In this fifth edition, the author has expanded several chapters to provide for even more detail on national legal systems and constitutional comparison. In addition, he has updated the discussion wherever necessary. The book has also been expanded with a larger number of (sub)headings so as to allow for a better overview. Furthermore, this book most notably includes many constitutional developments in the constitutional systems within our scope. Including the 'Brexit' (to be) and the new compositions of the national and the European Parliament. In the previous edition the EU has more extensively been woven into this book, as a constitutional system per se and as an international organization which heavily impacts upon domestic constitutional law. This new edition has been expanded with chapters on human rights as they are protected in the constitutional legal systems, as well as in the multi-layered European legal order.This book has proven its success as a helpful guide for students who are for the first time exploring comparative constitutional law, and a solid foundation for more advanced graduate-level courses. It remains a thorough introduction which purports to give an overview, however with quite a few examples and applications in practice, and also sufficient legal and practical details to be accessible and to the point, whilst at the same time providing for the whole picture and highlighting general constitutional questions and perspectives.
Author : Anneli Albi,Samo Bardutzky
Publisher : Springer
Page : 1522 pages
File Size : 43,5 Mb
Release : 2019-05-29
Category : Law
ISBN : 9789462652736
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.
Author : Suvi Sankari,Professor Kaarlo Tuori
Publisher : Ashgate Publishing, Ltd.
Page : 486 pages
File Size : 42,9 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409497295
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 : Giuliano Amato
Publisher : Edward Elgar Publishing
Page : 329 pages
File Size : 40,7 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781847206787
'I can enthusiastically recommend and endorse this book. It serves the very important purpose of collecting key documents together in an elegant and accessible text. There currently exists a huge proliferation of material on the EU Constitution this volume makes a very wise selection of this profusion, compiling it into a manageable and informative whole. Nine chapters deal with the most significant matters concerning the Constitution. A short but well written introduction at the start of each chapter precedes following extracts. Part of the value of this book lies in the fact that it includes translations of some important documents which are difficult, or impossible, to access in English for example, recent decisions of national courts concerning the European Arrest Warrant. All in all, this work is a comprehensive, but not overwhelmingly large, collection of materials on the EU Constitution, and it will prove extremely valuable to all those working within this area of law. By presenting the Constitution, the background to the Constitution, and the issues it deals with, in this clear and informative way, it will shed new light upon, and help all of us to form our own judgements on, the EU Constitution, and its importance to our lives.' Sionaidh Douglas-Scott, King's College London, UK 'Whatever the ultimate fate of the EU's Constitutional Treaty, both the events which led to its conclusion and those which occurred afterwards during its ill-fated ratification process have profoundly shaped the future of the European Union as a constitutional project. This collection of materials offers an invaluable set of resources for understanding these events, in their widest legal and political context. The text will be useful to all those who seek to understand both why the EU has reached such a turning point, and where it might go in the future.' Jo Shaw, Edinburgh Law School, UK This book offers a selection of materials that enable a better understanding of some of the most important changes that would be introduced by the Treaty establishing a Constitution for Europe in the EU legal and political system. It also helps to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the formulations agreed upon by the signatory Member States. The book includes excerpts of the European Convention's work, selected statutory and constitutional provisions of the Member States, and also related passages from pertinent court decisions from both European courts as well as Member States' constitutional courts. Institutional and doctrinal analyses and relevant excerpts from the Constitutional Treaty itself are also included. Many of these documents directly relate to the provisions of the Constitutional Treaty, while the others, although not directly related, are nevertheless relevant to the debate surrounding it. The European Constitution, by two of the best experts on the Constitution for Europe, will be of great interest to researchers and teachers in the fields of European Law and European politics, and also to policy makers in European affairs.
Author : Anneli Albi
Publisher : Cambridge University Press
Page : 300 pages
File Size : 54,6 Mb
Release : 2005-06-30
Category : Law
ISBN : 0521845416
This book explores the adaptation of the constitutions of Central & Eastern Europe (CEE) for membership in the European Union.
Author : Jean-Claude Piris
Publisher : Cambridge University Press
Page : 300 pages
File Size : 44,7 Mb
Release : 2006-03-30
Category : Law
ISBN : 0521682185
Publisher Description
Author : Howard Lee McBain,Lindsay Rogers
Publisher : Unknown
Page : 634 pages
File Size : 53,5 Mb
Release : 1922
Category : Constitutions
ISBN : UOM:39015030805645
Author : Roberto Miccù
Publisher : Unknown
Page : 192 pages
File Size : 42,6 Mb
Release : 2004
Category : Constitutional history
ISBN : IND:30000095370809
In the European Convention, parliamentarians and government representatives from the Member States have elaborated the Draft Constitution establishing a Constitution for Europe. This process requires academic guidance and analysis. The European Constitutional Law Network provides an important forum of associated constitutional and European lawyers from different old and new Member States (www.ecln.net). The structure of the future constitution and the general lines of argument underlying the deliberations of the Convention are the focus of the individual contributions to this volume which were presented on the occasion of the second ECLN conference in summer 2002 in Rome. Against the background of their national constitutional and legal orders, the contributors demonstrate their expectations for the European constitution in the making. Thereby, the deliberations provide a pan-European basis for the debate on the future Constitution for Europe.
Author : Stefan Griller
Publisher : Unknown
Page : 704 pages
File Size : 45,8 Mb
Release : 2024-07-01
Category : Constitutional law
ISBN : 1509906770
"Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration."--
Author : Sascha Hardt,A. W. Heringa
Publisher : Unknown
Page : 0 pages
File Size : 40,7 Mb
Release : 2014
Category : Constitutional law
ISBN : 1780682670
Sources of Constitutional Law contains a selection of constitutions and fundamental legislative instruments from five Western democracies: the United States, France, Germany, the Netherlands, and the United Kingdom. In addition, the book includes the text of the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union. The instruments reproduced in the book are rendered either in the original English, in the official English version, or in new translations under critical editorship. Sources of Constitutional Law will permit students of constitutional law to understand the peculiarities and similarities of different Western constitutions in direct comparison. With its selection of constitutions and legislative instruments, the book is the ideal companion to Intersentia's textbook Constitutions Compared: An Introduction to Comparative Constitutional Law (Third Edition). [Subject: Constitutional Law, Comparative Law, Human Rights Law]
Author : Aalt-Willem Heringa
Publisher : Eleven International Publishing
Page : 0 pages
File Size : 49,8 Mb
Release : 2023-07-05
Category : Electronic
ISBN : 9462364192
The seventh edition of this widely utilized handbook provides a user-friendly and original and innovative introduction to comparative constitutional law, with specific reference to liberal democracies and states under the rule of law. For each area of constitutional law of such systems, a general introduction and a comparative overview is provided, followed by more detailed country chapters on that specific area. Though the book focusses extensively on selected countries, references to other states and their constitutional models have also been included for a general background and comparison. In this seventh edition, the author has expanded several chapters to provide more detail on national legal systems to offer constitutional comparison. The book has been updated to include constitutional events until April 2023. Constitutions Comparedmost notably includes many constitutional developments in the constitutional systems within our scope. That includes the new compositions of the national parliaments and the European Parliament and the new government coalitions. What also sets this book apart is that the EU has been woven into it, as a constitutional system per se and as an international organization which heavily impacts upon domestic constitutional law of its member-states. This has led to a new paragraph about basic aspects of international law, specifically to provide sufficient basis for the understanding of the relations between national constitutional law and international law. This handbook strengthens understanding of the relevant constitutional concepts and the constitutional structures, as well as illustrating them with recent examples and topical constitutional and political practice. It provides readers in general and students of constitutional law with tools and basic questions to address constitutional issues and to evaluate the different constitutional models and features. Constitutions Comparedhas proven its success as a helpful guide for students who are exploring comparative constitutional law for the first time. For more advanced graduate-level courses it provides a solid foundation. It remains, and is intended to be, a thorough introduction into constitutional law which purports to give an overview, with many examples and applications in practice, and with enough legal and practical details to be accessible and to the point. At the same time it provides the whole picture and highlights general constitutional questions and perspectives.
Author : Anneli Albi,Jacques Ziller
Publisher : Unknown
Page : 0 pages
File Size : 40,9 Mb
Release : 2007
Category : Constitutional law
ISBN : 9041125248
Whether the Constitutional Treaty will enter into effectand¿or the prospect of the EU having a constitutional text is pushed back to a much more distant future the ratification of an EU Constitution raises questions of fundamental importance from the point of view of national constitutional law. Whilst constitutions have traditionally been linked to states, more recent theories, such as post-national, multi-level, or intertwined constitutionalism, recognise the possibility for a constitution to exist in a non-state context. In this very valuable book, which focuses on the ratification of the European Constitutional Treaty, twenty-eight authorities in constitutional and EU law examine the extent to which such theories have made inroads in national constitutional thinking. The contributors examine the debates and official documents of the political institutions that have been involved in the ratification process in the Member States, as well as constitutional court decisions and scholarly discourse. They also cover a range of closely related issues, such as the amendment of national constitutions, ratification referendums, and the implications of the codification of the principle of primacy in the European Constitution. The book includes reports from 17 EU Member States, as well as a view from a candidate country, Croatia. These reports, along with other papers on the nature and content of the Constitutional Treaty, consider the following issues: the process and legal framework of ratification in each of the examined Member States; the novel category of constitutional treaty; constitutional elements in existing EC/EU treaties; types of constitutions and constitutionalism, and constitutions in non-state contexts; the implications of the primacy clause; ratification referendums; eurosceptic fears of the development of a super-state. The book is based on the proceedings of an international conference that was held in Tallinn, Estonia, in November 2005. By assessing the implications of the European Constitution from the perspective of national constitutional law, this book fills an important gap in the literature. It also makes a contribution to the emergence of a true European-wide constitutional debate, by providing both researchers and policy-makers with comparative information regarding the constitutional aspects of ratification in Member States. It will be of absorbing interest and value for years to come as the European constitutional debate continues.
Author : Maartje De Visser
Publisher : Unknown
Page : 484 pages
File Size : 54,5 Mb
Release : 2014
Category : Constitutional law
ISBN : 1472561597
Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'être, jurisdiction and composition of constitutional courts are explored and so too are core features of the constitutional adjudicatory process. Yet, this book also deliberately draws attention to the role of non-judicial actors in upholding the Constitution, as well as the complex interplay amongst constitutional courts and other actors at the national and European level. The Member States featured are: Belgium, the Czech Republic, Finland, France, Germany, Italy, Hungary, the Netherlands, Spain, Poland, and the United Kingdom. This book is intended for practitioners, academics and students with an interest in (European) constitutional law
Author : Markus W. Gehring
Publisher : Cambridge University Press
Page : 439 pages
File Size : 42,9 Mb
Release : 2020-09-24
Category : Law
ISBN : 9781108487962
European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.
