Constitutional Evolution In Central And Eastern Europe
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Constitutional Evolution In Central And Eastern Europe
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Author : Alexander H.E. Morawa
language : en
Publisher: Routledge
Release Date : 2016-12-14
Constitutional Evolution In Central And Eastern Europe written by Alexander H.E. Morawa and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-14 with Law categories.
This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.
Evolution Of Constitutionalism In The Selected States Of Central And Eastern Europe
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Author : Krzysztof Prokop
language : en
Publisher: Wydawnictwo Temida 2
Release Date : 2010
Evolution Of Constitutionalism In The Selected States Of Central And Eastern Europe written by Krzysztof Prokop and has been published by Wydawnictwo Temida 2 this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Constitutional law categories.
Constitutional Evolution In Central And Eastern Europe
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Author : Kyriaki Topidi
language : en
Publisher: Ashgate Publishing Company
Release Date : 2011
Constitutional Evolution In Central And Eastern Europe written by Kyriaki Topidi and has been published by Ashgate Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with History categories.
This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.
Eu Enlargement And The Constitutions Of Central And Eastern Europe
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Author : Anneli Albi
language : en
Publisher: Cambridge University Press
Release Date : 2005-06-30
Eu Enlargement And The Constitutions Of Central And Eastern Europe written by Anneli Albi 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 2005-06-30 with Law categories.
In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.
Constitutionalism And The Enlargement Of Europe
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Author : Wojciech Sadurski
language : en
Publisher: Oxford University Press
Release Date : 2012-07-26
Constitutionalism And The Enlargement Of Europe written by Wojciech Sadurski 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 2012-07-26 with Law categories.
Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.
Rights Before Courts
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Author : Wojciech Sadurski
language : en
Publisher: Springer Science & Business Media
Release Date : 2005-12-05
Rights Before Courts written by Wojciech Sadurski and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-05 with Law categories.
Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny.
A History Of The Hungarian Constitution
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Author : Ferenc Hörcher
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-12-13
A History Of The Hungarian Constitution written by Ferenc Hörcher and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-13 with History categories.
The new Hungarian Basic Law, which was ratified on 1 January 2012, provoked domestic and international controversy. Of particular concern was the constitutional text's explicit claim that it was situated within a reinvigorated Hungarian legal tradition that had allegedly developed over centuries before its violent interruption during World War II, by German invaders, and later, by Soviet occupation. To explore the context and validity of this claim, and the legal traditions which have informed the stormy centuries of Hungary's constitutional development, this book brings together a group of leading historians, political scientists and legal scholars to produce a comprehensive history of Hungarian constitutional thought. Ranging in scope from an overview of Hungarian medieval jurisprudence to an assessment of the various criticisms levelled at the new Hungarian Basis Law of 2012, contributors assess the constitutions, their impacts and their legacies, as well as the social and cultural contexts within which they were drafted. The historical analysis is accompanied by a selection of original source materials, many translated here for the first time. This is the only book in English on the subject and is essential reading for all those interested in Hungary's history, political culture and constitution.
Constitutionalism And The Enlargement Of Europe
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Author : Wojciech Sadurski
language : en
Publisher: OUP Oxford
Release Date : 2012-07-26
Constitutionalism And The Enlargement Of Europe written by Wojciech Sadurski and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-26 with Law categories.
After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention. In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.
Limits To Democratic Constitutionalism In Central And Eastern Europe
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Author : Bogusia Puchalska
language : en
Publisher: Routledge
Release Date : 2016-05-06
Limits To Democratic Constitutionalism In Central And Eastern Europe written by Bogusia Puchalska and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-06 with Political Science categories.
In this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and law-making in constitutional moments should be politically, and not just constitutionally, legitimate. In doing so she expertly assesses the potential implications of the prospects of democratic consolidation and constitutionalism in Poland after 1989 and asks whether it is likely to be applicable to other transition countries such as Hungary, Czech Republic and Slovakia. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.
Constitutional Review In Central And Eastern Europe
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Author : Kálmán Pócza
language : en
Publisher: Taylor & Francis
Release Date : 2024-02-13
Constitutional Review In Central And Eastern Europe written by Kálmán Pócza and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-13 with Law categories.
Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional adjudication in Central and Eastern Europe between 1990 and 2020. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on the Central and Eastern European region, and a short summary of the methodology of the project. This is followed by ten country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further nine countries are explored in the counterpart volume to this book: Constitutional Review in Western Europe: Judicial-Legislative Relations in Comparative Perspective. The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.