Accommodating Diversity In Multilevel Constitutional Orders
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Accommodating Diversity In Multilevel Constitutional Orders
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Author : Maja Sahadžić
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-19
Accommodating Diversity In Multilevel Constitutional Orders written by Maja Sahadžić and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-19 with Law categories.
This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.
Accommodating Diversity In Multilevel Constitutional Orders
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Author : Maja Sahadžić
language : en
Publisher:
Release Date : 2023
Accommodating Diversity In Multilevel Constitutional Orders written by Maja Sahadžić and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with LAW categories.
This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order.
European Yearbook Of Constitutional Law 2022
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Author : Jurgen de Poorter
language : en
Publisher: Springer Nature
Release Date : 2023-07-25
European Yearbook Of Constitutional Law 2022 written by Jurgen de Poorter and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-25 with Law categories.
The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This fourth volume of the EYCL addresses the underexplored and contentious topic of whether the EU possesses a constitutional identity of its own. To date, the main focus of scholarship and case law concerns the constitutional identities of the Member States of the EU. This is because the EU has to respect such identities according to article 4(2) TEU. The attention for Member States’ constitutional identities stands in stark contrast to the notion of an EU constitutional identity. Such an identity features very little in the literature and debate on constitutional identity and the legal architecture of the EU. Consequently, this edition of the EYCL addresses the gap in legal research by studying constitutional identity with a focus on the EU itself. The book explores various views on whether the EU possesses such an identity and what any possible identity might entail. In this way, a fuller and more inclusive picture can be formed of constitutional identity as it relates to the multilevel constitutional order inhabited by the EU and its Member States. This volume will be of special interest to constitutional and legal scholars who are interested in EU and national constitutional law, as well as to political scientists. In addition, the book is relevant for judges, government officials, judges and policy-makers who work with EU (constitutional) law and its relationship with national (constitutional) law. Jurgen de Poorter is State Councillor at the Dutch Council of State and professor at Tilburg Law School, Department of Public Law and Governance. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is assistant professor at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore. Ingrid Leijten is professor at Tilburg Law School, Department of Public Law and Governance. Charlotte van Oirsouw is PhD researcher at Utrecht University, Department of Constitutional and Administrative Law.
Eu Trade And Investment Treaty Making Post Lisbon
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Author : Gesa Kübek
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-06-27
Eu Trade And Investment Treaty Making Post Lisbon written by Gesa Kübek and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-27 with Law categories.
This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.
Constitutional Law And Politics Of Secession
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Author : Antoni Abat i Ninet
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-31
Constitutional Law And Politics Of Secession written by Antoni Abat i Ninet and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-31 with Law categories.
This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.
A History Of The Constitution Of Bangladesh
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Author : Ridwanul Hoque
language : en
Publisher: Taylor & Francis
Release Date : 2023-09-01
A History Of The Constitution Of Bangladesh written by Ridwanul Hoque and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-01 with Law categories.
Marking the 50th anniversary of Bangladesh's Constitution, this book gauges its development from 1972 to 2022, focusing on its foundational goals, performances, and current challenges. The collection, presenting diverse but issue-specific chapters, shows how the people, political parties and leaders, and constitutional and legal institutions interact with each other in advancing, breaking, and remaking their Constitution. It examines the local context, parliamentary history, and interpretive tools adopted by the Supreme Court in understanding the Constitution as well as the future prospect of constitutional politics and practices. The work brings together legal professionals and constitutional law scholars to encapsulate the panorama of the country’s constitutional evolution. The authors look back to the history of constitution-making, to reflect critically on the present in light of the founding goals, spirits, and aspirations and with a view to offering a forward-looking and resilient vision of constitutionalism in Bangladesh. The book will be of interest to researchers, academics, and policy-makers working in the areas of comparative constitutional law and politics and South Asian Studies.
Accountability Of Judicial Power
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Author : Piotr Mikuli
language : en
Publisher: Taylor & Francis
Release Date : 2025-04-29
Accountability Of Judicial Power written by Piotr Mikuli and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-04-29 with Law categories.
This book brings together a group of international scholars to discuss theoretical and comparative considerations of judicial accountability. Accountability of the judiciary is an essential element in a democratic state ruled by law. Its design must take into account the need to ensure both the legitimacy of the judiciary and its independence. The work discusses accountability in the light of recent research, including studies on the crisis of the rule of law in the contemporary world. The book adopts a broad approach to accountability, which has various facets, referring both to the courts, that is the organisational element of the judicial branch of government, and to judges, its individual dimension. It is divided into four parts: the first deals with the essence of the concept of accountability of the judiciary; the second discusses the emerging standards relating primarily to the individual accountability of judges; and the third discusses the position of constitutional judges through the lens of accountability. The fourth and final part provides a detailed consideration of the specific accountability mechanisms. The book will be a valuable resource for academics, researchers, and policymakers working in the areas of constitutional law and politics, and accountability studies.
Revisiting Judicial Politics In The European Union
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Author : Mark Dawson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-03-14
Revisiting Judicial Politics In The European Union written by Mark Dawson and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-14 with Law categories.
Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.
Fiscal Federalism And Diversity Accommodation In Multilevel States A Comparative Outlook
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Author : Francisco Javier Romero Caro
language : en
Publisher: Springer Nature
Release Date : 2024-09-12
Fiscal Federalism And Diversity Accommodation In Multilevel States A Comparative Outlook written by Francisco Javier Romero Caro and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-12 with Political Science categories.
This open access edited book connects two strands of federal studies, fiscal federalism, and diversity accommodation, to answer two closely interrelated questions. The first of these is to what extent has the need to accommodate diversities determined financial relations and their evolution? The authors answer this question by conducting a thorough investigation of the types of diversity that drive such evolution. The second question is does fiscal federalism have a broadly positive or negative impact on the accommodation of diversities, by producing institutional solutions that either integrate a federal system or pull it apart? Through contributions from experts in law, economics, and political science, the book uses a series of case studies to establish a theoretical framework for exploring the relationship between fiscal federalism and diversity accommodation. The authors lay the groundwork for a comparative study of this relationship in multilevel states.
Constitutional Policy In Multilevel Government
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Author : Arthur Benz
language : en
Publisher: Oxford University Press
Release Date : 2016-07-22
Constitutional Policy In Multilevel Government written by Arthur Benz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-22 with Political Science categories.
The search for a robust balance of power is a continuous challenge for multilevel political system. Institutions like parliaments or courts can protect the existing order. However, necessary adjustments to economic, social, or international challenges or policies determined to improve ineffective structures or to prevent disintegration require constitutional amendments. Whereas constitutional policy appears as essential to maintain balance, changing a constitution is rather difficult in multilevel governments. Due to the veto power of many actors pursuing divergent interests, policies aiming to redistribute power or fiscal resources risk to end in the joint decision trap. Hence, multilevel government is confronted by a fundamental dilemma. Constitutional Policy in Multilevel Government compares processes of constitutional reform in federal and regionalized states. Based on a theoretical framework emphasizing the relevance of negotiations in parliamentary, intergovernmental, and societal arenas, it identifies conditions for successful reforms and explains the consequences of failed reforms. Moreover, it highlights the interplay of reform processes and constitutional evolution as essential to maintaining a robust balance of power. The book demonstrates that an appropriate arrangement of multiple arenas of negotiation including executives, members of parliament and civil society organizations, and sequential order of reform processes proves fundamental to prevent federal or regionalized governments from becoming either instable or ending with rigid constitutions. Transformations in Governance is a major new academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. It brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. Case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. Authors use qualitative, quantitative, formal modeling, or mixed methods. A trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and the VU Amsterdam, and Walter Mattli of the University of Oxford.