The Legitimacy Of European Constitutional Orders

Author : Marco Dani
Publisher : Edward Elgar Publishing
ISBN 13 : 1803928891
Total Pages : 343 pages
Book Rating : 4.90/5 ( download)

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Download or read book The Legitimacy of European Constitutional Orders written by Marco Dani and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, which takes into consideration the national constitutional trajectories of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the conceptual tools needed to undertake comparative reconstruction and assessment of national and supranational constitutional developments in the European context.

Author : John Erik Fossum
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1442208570
Total Pages : 316 pages
Book Rating : 4.75/5 ( download)

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Download or read book The Constitution's Gift written by John Erik Fossum and published by Rowman & Littlefield Publishers. This book was released on 2011-01-16 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative study considers all aspects of the European Union's distinctive constitution since its inception. A unique political animal, the EU has given rise to important constitutional conundrums and paradoxes that the authors explore in detail. Their analysis illuminates the distinctive features of the Union's pluralist constitutional construct and provides the tools to understand the Union's development, especially during the Laeken (2001–2005) and Lisbon (2007–2009) processes of constitutional reform and spells out the parallels between the European and the Canadian constitutional experiences. Offering the first history of European constitutional law that is both theoretically informed and normatively grounded, the authors have developed an original theory of constitutional synthesis that will be essential reading for all readers interested in the process and theory of European integration.

Author : Michael Nentwich
Publisher : Routledge
ISBN 13 : 1134690169
Total Pages : 425 pages
Book Rating : 4.69/5 ( download)

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Download or read book Political Theory and the European Union written by Michael Nentwich and published by Routledge. This book was released on 2003-09-02 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this book examine the issues of constitutional choice that face the governments and citizens of today's Europe. Divided into three sections this study addresses: questions of political legitimacy and the meaning of democratic deficit in the EU; the reality of what institutional reforms and decision making processes are possible; and the rights of citizenship and values that should be protected.

Author : J. H. H. Weiler
Publisher : Cambridge University Press
ISBN 13 : 9780521796712
Total Pages : 256 pages
Book Rating : 4.17/5 ( download)

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Download or read book European Constitutionalism Beyond the State written by J. H. H. Weiler and published by Cambridge University Press. This book was released on 2003-09-04 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.

Author : Bruce Ackerman
Publisher : Harvard University Press
ISBN 13 : 0674238842
Total Pages : 432 pages
Book Rating : 4.48/5 ( download)

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Download or read book Revolutionary Constitutions written by Bruce Ackerman and published by Harvard University Press. This book was released on 2019-05-13 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering insights into the origins, successes, and threats to revolutionary constitutionalism, Bruce Ackerman takes us to India, South Africa, Italy, France, Poland, Burma, Israel, Iran, and the U.S. and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy.

Author : Eduardo Gill-Pedro
Publisher : Routledge
ISBN 13 : 1351176331
Total Pages : 250 pages
Book Rating : 4.30/5 ( download)

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Download or read book EU Law, Fundamental Rights and National Democracy written by Eduardo Gill-Pedro and published by Routledge. This book was released on 2019-08-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights. It first sets out a legal theoretical account of how human rights can complement democracy. It argues that they can do so only if they are understood as both the conditions for the democratic process, and the outcome of such a democratic process. In light of this legal theoretical account of human rights, this book examines the demands which the Court of Justice of the EU (CJEU) imposes on the national orders in respect of EU fundamental rights. The conclusion reached is that the demands which EU fundamental rights impose on national legal orders entail a cost for the democratic legitimacy of those legal orders. Ultimately, accepting the demands of the CJEU in respect of EU fundamental rights may require the national legal order to abandon its commitment to protecting the human rights which are the foundation of the national legal order’s very legitimacy.

Author : Julian Scholtes
Publisher : Oxford University Press
ISBN 13 : 019888317X
Total Pages : 241 pages
Book Rating : 4.73/5 ( download)

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Download or read book The Abuse of Constitutional Identity in the European Union written by Julian Scholtes and published by Oxford University Press. This book was released on 2023-09 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.

Author : Jürgen Schwarze
Publisher :
ISBN 13 :
Total Pages : 582 pages
Book Rating : 4.91/5 ( download)

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Download or read book The Birth of a European Constitutional Order written by Jürgen Schwarze and published by . This book was released on 2001 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Kelly L Grotke
Publisher : OUP Oxford
ISBN 13 : 0191034711
Total Pages : 481 pages
Book Rating : 4.18/5 ( download)

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Download or read book Constitutionalism, Legitimacy, and Power written by Kelly L Grotke and published by OUP Oxford. This book was released on 2014-09-25 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: If one counts the production of constitutional documents alone, the nineteenth century can lay claim to being a 'constitutional age'; one in which the generation and reception of constitutional texts served as a centre of gravity around which law and politics consistently revolved. This volume critically re-examines the role of constitutionalism in that period, in order to counter established teleological narratives that imply a consistent development from absolutism towards inclusive, participatory democracy. Various aspects of constitutional histories within and outside of Europe are examined from a comparative, transnational, and multidisciplinary historical perspective, organized around five key themes. The first part looks at constitutions as anti-revolutionary devices, and addresses state building, monarchical constitutionalism, and restorations. The second part takes up constitutions and the justification of new social inequalities, focusing on women's suffrage, human rights, and property. The third part uses individual country studies to take on questions of how constitutions served to promote nationalism. The use of constitutions as instruments of imperialism is covered in the fourth part, and the final part examines the ways that constitutions function simultaneously as legal and political texts. These themes reflect a certain scepticism regarding any easy relationship between stated constitutional ideals and enacted constitutional practices. Taken together, they also function as a general working hypothesis about the role of constitutions in the establishment and maintenance of a domestically and internationally imbalanced status quo, of which we are the present-day inheritors. More particularly, this volume addresses the question of the extent to which nineteenth-century constitutionalism may have set the stage for new forms of domination and discrimination, rather than inaugurating a period of 'progress' and increasing equality.

Author : Philipp Kiiver
Publisher : ISBS
ISBN 13 : 9789076871639
Total Pages : 156 pages
Book Rating : 4.39/5 ( download)

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Download or read book National and Regional Parliaments in the European Constitutional Order written by Philipp Kiiver and published by ISBS. This book was released on 2006 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the Parliament of the United Kingdom hold ministers to account for their European policies? How does the EU principle of subsidiarity affect the relation between Westminster and the Scottish Parliament? How does Belgium accommodate its powerful regional assemblies into the European role of its federal parliament? What is the role of the Dutch parliament before and after the popular rejection of the Constitutional Treaty in the Netherlands? How does the parliament of Croatia view all these developments as it prepares for accession to the EU? And how should academics in general conceptualize the role of national parliaments in Europe's complex constitutional system, before and after the Constitutional Treaty? As national and regional parliaments get explicitly involved in the EU, this volume addresses some key notions that are highly relevant to the ongoing debate: parliamentarism and constitutionalism, legitimacy and transparency, subsidiarity and devolution. This volume will hold great value for academics and policy-makers studying the European Union and Member States.