Governing Europe Under A Constitution

Author : Herm.-Josef Blanke
Publisher : Springer Science & Business Media
ISBN 13 : 3540312919
Total Pages : 537 pages
Book Rating : 4.18/5 ( download)

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Download or read book Governing Europe under a Constitution written by Herm.-Josef Blanke and published by Springer Science & Business Media. This book was released on 2006-02-28 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume contains articles from high-ranking experts from politics and academia of different Member States about the basic principles of the actual constitutional law of the European Union and its need of reform through a Constitution for Europe. By analysing the rules to govern a Europe of 25 and in time 28 and more Member States the publication intends to make a contribution to the emerging "Ius Publicum Europaeum".

Author : Alec Stone Sweet
Publisher : Oxford University Press
ISBN 13 : 0198297300
Total Pages : 247 pages
Book Rating : 4.07/5 ( download)

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Download or read book Governing with Judges written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2000 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text elaborates a theory of constitutional politics. It examines the pan-European movement to confer constitutional review authority on a new governmental institution. Cases show how and to what extent legislative processes have been under the influence of consititutional judges.

Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.36/5 ( download)

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Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Giovanni Boggero
Publisher : BRILL
ISBN 13 : 9004347240
Total Pages : 350 pages
Book Rating : 4.43/5 ( download)

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Download or read book Constitutional Principles of Local Self-Government in Europe written by Giovanni Boggero and published by BRILL. This book was released on 2017-09-25 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Constitutional Principles of Local Self-Government in Europe Giovanni Boggero offers a meticulous account of the defining features of European constitutional local government law using both an international and comparative law perspective.

Author : Ramona Coman
Publisher : Cambridge University Press
ISBN 13 : 1108586376
Total Pages : 445 pages
Book Rating : 4.75/5 ( download)

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Download or read book Governance and Politics in the Post-Crisis European Union written by Ramona Coman and published by Cambridge University Press. This book was released on 2020-08-27 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union of today cannot be studied as it once was. This original new textbook provides a much-needed update on how the EU's policies and institutions have changed in light of the multiple crises and transformations since 2010. An international team of leading scholars offer systematic accounts on the EU's institutional regime, policies, and its community of people and states. Each chapter is structured to explain the relevant historical developments and institutional framework, presenting the key actors, the current controversies and discussing a paradigmatic case study. Each chapter also provides ideas for group discussions and individual research topics. Moving away from the typical, neutral account of the functioning of the EU, this textbook will stimulate readers' critical thinking towards the EU as it is today. It will serve as a core text for undergraduate and graduate students of politics and European studies taking courses on the politics of the EU, and those taking courses in comparative politics and international organizations including the EU.

Author : Alec Stone Sweet
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198297710
Total Pages : 232 pages
Book Rating : 4.18/5 ( download)

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Download or read book Governing with Judges written by Alec Stone Sweet and published by Oxford University Press on Demand. This book was released on 2000 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governing with Judges elaborates a theory of constitutional politics, the process through which the discursive practices and techniques of constitutional adjudication come to structure the work of governments, parliaments, judges, and administrators. Focusing on the cases of France, Germany, Italy, Spain, and the European Union, the book examines the sources and consequences of the pan-European movement to confer constitutional review authority on a new governmental institution, the constitutional court. Detailed case studies illustrate how and to what extent legislative processes have been placed under the influence of constitutional judges. In a growing number of policy domains, these judges function as powerful, adjunct legislators. As constitutional courts have consolidated their position as authoritative interpreters of the constitutional law, and especially of human rights provisions, the work of the judiciary, too, has gradually been constitutionalised. Today, ordinary judges seek to detect violations of the constitution in their application of the various codes, and to rewrite statutes that they deem unconstitutional. Constitutional politics have not only provoked the demise of traditional notions of parliamentary sovereignty, they have organized profound transformations in the very nature of European governance. Stone Sweet argues that constitutional adjudication constructs complex causal linkages between rule systems and normativity, on the onehand, and the strategic behaviour of individuals, on the other. The theory constitutes a novel synthesis of normative and rational approaches to politics. The book also addresses central questions raised by a wide range of ongoing theory projects, including the 'new institutionalism,'rational choice, principal-agent theories of delegation, and the new constitutionalism in Continental legal theory.

Author : Giuliano Amato
Publisher : Edward Elgar Publishing
ISBN 13 : 1847206786
Total Pages : 329 pages
Book Rating : 4.87/5 ( download)

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Download or read book The European Constitution written by Giuliano Amato and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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 : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.36/5 ( download)

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Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Turkuler Isiksel
Publisher : Oxford University Press
ISBN 13 : 019875907X
Total Pages : 305 pages
Book Rating : 4.72/5 ( download)

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Download or read book Europe's Functional Constitution written by Turkuler Isiksel and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a critical appraisal of the European Union and its legal system, this book evaluates the extent to which constitutionalism as an empirical idea and normative ideal can be adapted to institutions beyond the state.

Author : Jack Ernest Shalom Hayward
Publisher : Oxford University Press
ISBN 13 : 0199250146
Total Pages : 515 pages
Book Rating : 4.41/5 ( download)

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Download or read book Governing Europe written by Jack Ernest Shalom Hayward and published by Oxford University Press. This book was released on 2003 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive survey aims to provide an overview of all aspects of politics in western Europe. Aspects of the European Union & the Europeanization of institutions are discussed in detail, along with the welfare state, economic issues & the conditionof democracy across the continent.