Constitutional Identity In A Europe Of Multilevel Constitutionalism
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Constitutional Identity In A Europe Of Multilevel Constitutionalism
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Author : Christian Calliess
language : en
Publisher: Cambridge University Press
Release Date : 2019-10-24
Constitutional Identity In A Europe Of Multilevel Constitutionalism written by Christian Calliess 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 2019-10-24 with Law categories.
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Constitutional Identity In A Europe Of Multilevel Constitutionalism
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Author : Christian Calliess
language : en
Publisher: Cambridge University Press
Release Date : 2021-07-01
Constitutional Identity In A Europe Of Multilevel Constitutionalism written by Christian Calliess 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 2021-07-01 with Law categories.
The constitutional identity of the Member States is a topic of increasing importance in understanding the interaction between the EU and its Member States. This is because the EU is enjoined to respect the constitutional identities of its Member States in accordance with Article 4(2) TEU. There is also a trend among Member States to articulate their constitutional identities, in particular in relation to European integration. In this regard, this volume fills a need in scholarship by presenting critical analyses of the constitutional identities of selected Member States. Leading and well-placed experts contribute country studies on a range of states, which are compared using a framework that can be applied to other Member States as well. The analyses and comparison of Member States' constitutional identities take place in the context of the EU's multilevel architecture.
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.
National Constitutional Identity And European Integration
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Author : Alejandro Saiz Arnaiz (jurist)
language : en
Publisher:
Release Date : 2013
National Constitutional Identity And European Integration written by Alejandro Saiz Arnaiz (jurist) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Constitutional law categories.
Over the past few years, 'national constitutional identity' has become the new buzzword in European constitutionalism. Much has been written about the concept involving the Member States' national constitutional identities: it has been welcomed for (finally) accommodating constitutional particularities in EU law, demonized for potentially disintegrating the EU, and wielded as a 'sword' by certain constitutional courts. Scholars, judges, and advocates in general have rendered the concept currently so fashionable and, yet, so ambivalent, that an in-depth analysis is warranted to put some order into the intense debate over constitutional identity. This collection brings together a series of contributions in order to shed some light into the dark corners of constitutional identity. To this end, a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts. First, the book explores what constitutional identity means and who decides on it. Further, the contributions analyze (and at times unveil) the areas that might collide or at least interact with constitutional identity. Among other issues, the book touches upon EU law primacy , Article 53 of the Charter of Fundamental Rights, EU criminal law and the essential functions of the State, and the existence of an EU 'constitutional core' enjoyable and enforceable through EU citizenship. Finally, the book deals with the case-law of European courts on national constitutional identity, including the perspective of various national constitutional courts, such as those of Eastern and Central European Member States, the Court of Justice of the European Union, and the much-less analyzed European Court of Human Rights. (Series: Law and Cosmopolitan Values - Vol. 4)
The Many Constitutions Of Europe
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Author : Suvi Sankari
language : en
Publisher: Routledge
Release Date : 2016-03-03
The Many Constitutions Of Europe written by Suvi Sankari and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.
This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.
The Tangled Complexity Of The Eu Constitutional Process
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Author : Giuseppe Martinico
language : en
Publisher: Taylor & Francis
Release Date : 2022-08-05
The Tangled Complexity Of The Eu Constitutional Process written by Giuseppe Martinico and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-05 with Law categories.
Offering a fresh view on the EU constitutionalisation process, the new edition of The Tangled Complexity of the EU Constitutional Process presents three main points: the idea of constitutional complexity, the tension between constitutional evolutionism and constitutional constructivism in the process of European integration, and the functional nature of conflicts in the evolution of the EU. Because of its prodigiousness, European law produces consternation among constitutionalists accustomed to traditional patterns of power. This book argues that while constitutional conflicts have frequently been depicted as elements of disturbance along the path towards legal coherence, they are physiological and might even be functional to the development of the European legal order, which should not be understood in a deterministic manner. The new edition will be of particular interest to academics and students in the disciplines of law, international relations, and political science.
The Foundations Of The Eu As A Polity
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Author : Massimo Fichera
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-08-31
The Foundations Of The Eu As A Polity written by Massimo Fichera 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 2018-08-31 with Law categories.
In this insightful book, Massimo Fichera provides an original account of European integration as a process. He argues that European constitutionalism has been informed from its earliest stages by a meta-rationale, which is expressed by security and fundamental rights as discourses of power. Employing this descriptive and normative conceptual framework to analyse the development of the EU as a polity, chapters cover significant recent events such as the Eurozone crisis, the refugee crisis, the rule of law crisis, Brexit and the constitutional identity crisis.
Europe S Second Constitution
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Author : Markus W. Gehring
language : en
Publisher: Cambridge University Press
Release Date : 2020-09-24
Europe S Second Constitution written by Markus W. Gehring 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 2020-09-24 with Law categories.
European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.
Constitutional Identity
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Author : Gary J. Jacobsohn
language : en
Publisher: Harvard University Press
Release Date : 2010-10-25
Constitutional Identity written by Gary J. Jacobsohn and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-25 with Law categories.
"Argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate--is critical to understnading the theory and dynamics of constitutional identity"--Jacket.
National Constitutions In European And Global Governance Democracy Rights The Rule Of Law
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Author : Anneli Albi
language : en
Publisher: Springer
Release Date : 2019-05-29
National Constitutions In European And Global Governance Democracy Rights The Rule Of Law written by Anneli Albi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-29 with Law categories.
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.