Ai Confini Della Costituzione Principi Supremi E Identit Costituzionale
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Ai Confini Della Costituzione Principi Supremi E Identit Costituzionale
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Author : Pietro Faraguna
language : it
Publisher: FrancoAngeli
Release Date : 2015-10-21T00:00:00+02:00
Ai Confini Della Costituzione Principi Supremi E Identit Costituzionale written by Pietro Faraguna and has been published by FrancoAngeli this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-21T00:00:00+02:00 with Law categories.
1590.10
The Abuse Of Constitutional Identity In The European Union
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Author : Julian Scholtes
language : en
Publisher: Oxford University Press
Release Date : 2023-09
The Abuse Of Constitutional Identity In The European Union written by Julian Scholtes 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 2023-09 with Law categories.
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.
Executive Legislative Im Balance In The European Union
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Author : Diane Fromage
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-11
Executive Legislative Im Balance In The European Union written by Diane Fromage and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-11 with Law categories.
Ten years after the entry into force of the Lisbon Treaty, has executive predominance in EU-related matters disappeared? How have executive-legislative relations in the EU evolved over a crisis-ridden decade, from the financial and migration crises, to Brexit and the COVID-19 pandemic? The Lisbon Treaty could be expected to lead to the re-balancing of powers in favour of parliaments, for it significantly enhanced the roles of both the European Parliament and national parliaments. A decade later the contributions to this edited volume examine – for the first time in such an extensive breadth and from a multi-level and cross-policy perspective – whether this has actually materialised. They highlight that diverging tendencies may be observed, and that important variations over time have occurred, depending particularly on the occurrence of crises. As stated in the fascinating epilogue by Peter Lindseth (University of Connecticut School of Law), this is an 'admirably coherent collective volume, whose contributions provide an excellent overview of key aspects of executive-legislative relations in the European system since the Treaty of Lisbon'. This edited volume will hence be of interest to both academics and practitioners interested in future reforms designed at the European and national levels to improve the EU's democratic quality.
Peace Discontent And Constitutional Law
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2021-05-23
Peace Discontent And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-23 with Law categories.
This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.
The Italian Parliament In The European Union
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Author : Nicola Lupo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-10-05
The Italian Parliament In The European Union written by Nicola Lupo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-05 with Law categories.
"The Lisbon Treaty states that national Parliaments shall contribute to a better functioning of the EU. Can they really do it and therefore enrich the European democracy? How far can they extend their original sovereignty without distorting political responsibilities that should be geared upon the European Parliament? The authors analyze the experience of the Italian Parliament under the light of these crucial questions and their exhaustive answers are greatly helpful to the readers of all over Europe." Giuliano Amato, Judge of the Italian Constitutional Court. This important new collection explores the role of the Italian Parliament in the Euro-national parliamentary system as an example of an increased role for national parliaments within the composite European constitutional order. It illustrates how parliamentary interactions within the European Union are highly systematic, with integrated procedures and mutual interdependence between the various institutions and stakeholders. The book argues that this dynamic is vital for both the functioning and the future equilibrium of democracy in the EU. This is significant, particularly given the challenges posed to democracy within the EU institutions and the Member States. Notwithstanding its peculiarities (a symmetrical bicameral system in which both Houses are directly elected, hold the same powers and are linked through a confidence relationship with the government), the Italian Parliament deserves specific attention as a lively active player of the European polity. The grid for its analysis proposed by this collection may also be applied to other national parliaments, so contributing to the development of comparative research in this field.
The History Of The European Union
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Author : Giuliano Amato
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-02-07
The History Of The European Union written by Giuliano Amato and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-07 with Law categories.
The European Union celebrated its 60th anniversary in 2017, but celebrations were muted by Brexit and the growing sense of a crisis of identity. However, as this seminal work shows, the history and ambition of the European Union are considerable. Written by key stakeholders who, between them, acted as architects, adjudicators and arbitrators of the project, it presents the definitive history of the first two generations of the European Union. This book revisits the birth and consolidation of the great project of a united Europe and the political, institutional, judicial and economical frameworks of the European Union: from the process towards integration, to the advancements and the impasses in building a political union.
Unconstitutional Constitutional Amendments
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Author : Yaniv Roznai
language : en
Publisher: Oxford University Press
Release Date : 2017-02-23
Unconstitutional Constitutional Amendments written by Yaniv Roznai 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 2017-02-23 with Law categories.
Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.
Western Constitutionalism
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Author : Andrea Buratti
language : en
Publisher: Springer Nature
Release Date : 2023-10-31
Western Constitutionalism written by Andrea Buratti and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-31 with Law categories.
This book explores the theoretical origins, historical foundation, political meaning, and legal development of western constitutionalism, as well as the structure and transformation of constitutional law in the Western World. Introducing the historical background of western constitutional traditions, it links this rich, conceptual framework with the legal arrangements of states’ constitutions and the current trends of the internationalization of constitutional law. Serving as a comprehensive introduction to constitutional studies, this book provides detailed information on the design of legal systems, while addressing the main critical, theoretical issues raised by constitutionalism in western democracies and in the global landscape. This new, third edition covers a broader scope, reflecting recent political and legal transformations, and is enriched in terms of didactic instruments for university students.
Colpe Di Stato
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Author : Paolo Veronesi
language : it
Publisher: FrancoAngeli
Release Date : 2017-06-13T00:00:00+02:00
Colpe Di Stato written by Paolo Veronesi and has been published by FrancoAngeli this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-13T00:00:00+02:00 with History categories.
893.3
I Controlimiti Al Primato Del Diritto Dell Unione Europea Nel Dialogo Tra Le Corti
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Author : Daniele Pellegrini
language : it
Publisher: Firenze University Press
Release Date : 2021
I Controlimiti Al Primato Del Diritto Dell Unione Europea Nel Dialogo Tra Le Corti written by Daniele Pellegrini and has been published by Firenze University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
Il volume analizza la teoria dei «controlimiti» al primato del diritto dell’Unione europea alla luce delle evoluzioni che hanno caratterizzato il quadro normativo e giurisprudenziale comunitario negli ultimi decenni. La tematica oggetto d’indagine diventa l’asse problematico lungo il quale l’autore verifica «se» ed «in quale misura» il sistema di cooperazione giudiziaria basato sul meccanismo del rinvio pregiudiziale ex art. 267 TFUE possa consentire una rilettura del sindacato di costituzionalità sui controlimiti e, più in generale, agevolare la composizione dei conflitti interordinamentali. L’esame incrociato delle prospettive coinvolte permette di dimostrare l’esistenza di un dialogo tra le Corti d’Europa e di approfondire le tecniche decisorie impiegate dalle Corti costituzionali degli Stati membri quando gli elementi identificativi e irrinunciabili degli ordinamenti nazionali sono esposti a rischio di degradazione per effetto della preminenza del diritto sovranazionale. Così, la ricerca individua, caso per caso, il bilanciamento di valori effettuato a livello giurisprudenziale, ove la necessità di assicurare effettiva e uniforme applicazione del diritto dell’Unione europea è mitigata dall’esigenza di salvaguardare i principi costituzionali fondamentali degli Stati membri.
