Autonom A Constitucional
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The Max Planck Handbooks In European Public Law
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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2023-05-04
The Max Planck Handbooks In European Public Law written by Armin von Bogdandy 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 2023-05-04 with Law categories.
The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and specific approach to constitutional issues throughout the Continent. The fourth volume now compares European constitutional jurisdiction in the European legal space. It examines the structures of the organization, the appointment of judges, the procedures and the methods of argumentation and interpretation, their impact on state and society, their legitimacy as well as their role in the division of powers, and thus completes the picture following the country reports in Volume III. This comparative perspective is supplemented by an examination that illustrates the relationship with the ECJ, the ECtHR, and the Venice Commission as well as their (constitutional) function. Finally, Constitutional Adjudication: Common Themes and Challenges is devoted to the challenges constitutional jurisdiction in the European judicial area is currently facing. The historical, political, and theoretical foundations as well as the basic dogmatic features of constitutional jurisdiction are presented in such a way that the discussion about its role and further development in this legal space is sustainably stimulated.
Dominant Nationalism Dominant Ethnicity
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Author : André Lecours
language : en
Publisher: Peter Lang
Release Date : 2009
Dominant Nationalism Dominant Ethnicity written by André Lecours and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Political Science categories.
Although nationalism and ethnicity have long been associated with minority populations, an emerging literature looks at how the state and/or a majority group interact with minorities, and how, behind the expression of the nation promoted by the state, there is often an ethnic core. This book contributes to this emerging literature on dominant nationalism and dominant ethnicity by presenting multidisciplinary contributions that center on how states deploy their own nationalism, and how the state's nation-building and nation-consolidating processes are very often spearheaded by a specific ethnocultural group. It focuses on the interrelated issues of identity, federalism and democracy. Dominant nationalism and ethnicity involve the projection, the promotion, and sometimes the imposition by the state and/or a dominant group of an identity, which can be challenged, negotiated and/or resisted by minority groups. This brings questions for democratic practices, since it raises the issue of self-rule. Since dominant nationalism and ethnicity are shaped by ideas and institutions relating to the territorial division of power, federalism is crucial for understanding these phenomena. The book is amongst the first to look at dominant nationalism and ethnicity from historical, theoretical, empirical and normative perspectives.
Constitutional Review In Europe
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Author : Maartje De Visser
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Constitutional Review In Europe written by Maartje De Visser and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
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.
Federalism In The European Union
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Author : Elke Cloots
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-09-03
Federalism In The European Union written by Elke Cloots and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-03 with Law categories.
This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa.
Environmental Protection In Multi Layered Systems
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Author : Mariachiara Alberton
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-10-04
Environmental Protection In Multi Layered Systems written by Mariachiara Alberton and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-04 with Law categories.
The book describes and analyses how environmental issues are regulated in several federal, regional and unitary systems and in the European Union. The comparative analysis reveals common trends towards a multi-layered environmental governance, cross-cutting traditional distinctions among different state models. In the second part, the case study of the management and protection of water resources is selected and analysed in the same legal systems. Disaggregating environmental protection into more specific competence fields allows trends and challenges to be tested The book casts light on the relationship between the state models as to the division of powers and environmental governance. It develops theoretical and practical foundations of contemporary, multi-level environmental law and challenges consolidated approaches in federal studies.
Spanish Yearbook Of International Law
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Author : Asociacin Es Paola de Profesores de Dere
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2001-09-18
Spanish Yearbook Of International Law written by Asociacin Es Paola de Profesores de Dere and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-09-18 with Law categories.
The "Spanish Yearbook of International Law" brings together information concerning Spanish legal practice and a bibliography over the period of one year and makes it available to an international readership. It serves as a vehicle for furthering knowledge of Spanish practice in the field of international law among an audience with no knowledge of Spanish. It deals with both private and public international law, taken in a broad sense to include summary treatment of international organizations of which Spain is a member.
Engineering Constitutional Change
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Author : Xenophōn I. Kontiadēs
language : en
Publisher: Routledge
Release Date : 2013
Engineering Constitutional Change written by Xenophōn I. Kontiadēs and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.
Autonomy And Self Determination
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Author : Peter Hilpold
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-04-27
Autonomy And Self Determination written by Peter Hilpold 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 2018-04-27 with Law categories.
Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy.Autonomy and Self-determination offers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future.This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars.
How Constitutions Change
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Author : Dawn Oliver
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-08-09
How Constitutions Change written by Dawn Oliver and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-09 with Law categories.
This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.
Practising Self Government
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Author : Yash Ghai
language : en
Publisher: Cambridge University Press
Release Date : 2013-08-29
Practising Self Government written by Yash Ghai and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-29 with Law categories.
An examination of how the constitutional frameworks for autonomies around the world really work.