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 : 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.
Constitutional Identity
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Author : Gary Jeffrey Jacobsohn
language : en
Publisher: Harvard University Press
Release Date : 2010-10-29
Constitutional Identity written by Gary Jeffrey 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 2010-10-29 with Law categories.
In Constitutional Identity, Gary Jeffrey Jacobsohn 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 understanding the theory and dynamics of constitutional identity. He explores constitutional identity’s great practical importance for some of constitutionalism’s most vexing questions: Is an unconstitutional constitution possible? Is the judicial practice of using foreign sources to resolve domestic legal disputes a threat to vital constitutional interests? How are the competing demands of transformation and preservation in constitutional evolution to be balanced?
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)
European Union The Second Founding
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Author : Ludger Kühnhardt
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2008
European Union The Second Founding written by Ludger Kühnhardt and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with History categories.
The author is presenting a broadly structured study about the first fifty years of European integration, its geopolitical context and academic reflection. His study is based on the two-fold thesis that since a few years, the European Union is going through a process of its Second Founding while simultaneously changing its rationale.
Authoritarian Constitutionalism
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Author : Helena Alviar García
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Authoritarian Constitutionalism written by Helena Alviar García 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 2019 with Law categories.
The contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia. From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community.
The Constitutional Relevance Of The Echr In Domestic And European Law
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Author : Giorgio Repetto
language : en
Publisher: Intersentia Uitgevers N V
Release Date : 2013
The Constitutional Relevance Of The Echr In Domestic And European Law written by Giorgio Repetto and has been published by Intersentia Uitgevers N V this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.
The Cambridge Companion To Comparative Constitutional Law
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Author : Roger Masterman
language : en
Publisher: Cambridge University Press
Release Date : 2019-10-03
The Cambridge Companion To Comparative Constitutional Law written by Roger Masterman 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 2019-10-03 with Law categories.
Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
The Oxford Handbook Of The European Union
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Author : Erik Jones
language : en
Publisher: Oxford University Press
Release Date : 2012-08-30
The Oxford Handbook Of The European Union written by Erik Jones 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 2012-08-30 with Political Science categories.
The Oxford Handbook of the European Union brings together numerous acknowledged specialists in their field to provide a comprehensive and clear assessment of the nature, evolution, workings, and impact of European integration.
The Paradox Of Constitutionalism
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Author : Martin Loughlin
language : en
Publisher:
Release Date : 2007
The Paradox Of Constitutionalism written by Martin Loughlin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Constituent power categories.
In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.
City State
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Author : Ran Hirschl
language : en
Publisher:
Release Date : 2020
City State written by Ran Hirschl and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
This book traces the origins of constitutional silence about the metropolis; explores how urban agglomeration affects the theory and practice of constitutional democracy; examines the constitutional status and jurisprudence of megacity autonomy/dependence; advances new arguments for granting the metropolis adequate constitutional standing; and probes the political economy of state-city constitutional relations across time and place.