European And Us Constitutionalism
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European And Us Constitutionalism
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Author : Georg Nolte
language : en
Publisher: Council of Europe
Release Date : 2005-01-01
European And Us Constitutionalism written by Georg Nolte and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Political Science categories.
This book compiles the papers and comments delivered at the Confârence on "European and American constitutionaism" which took place in Gèttingen in 2003. Through topics like freedom of speech, human dignity, the protective function of the state, adjudication and democracy and international influences, the conference papers identify salient features of the constitutional systems on both sides of the Atlantic and address recent developments following the end of the soviet era in eastern Europe and the terrorists attacks of 11 September 2001.
European And Us Constitutionalism
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Author : Georg Nolte
language : en
Publisher:
Release Date : 2005
European And Us Constitutionalism written by Georg Nolte and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Constitutional law categories.
This book asks whether and how far constitutional theory and judicial practice differ between Europe and the United States. The areas explored are freedom of speech, human dignity, duty of the state to protect individuals from harm, adjudication by constitutional and other courts, and democratic theory and international influences.
European And Us Constitutionalism
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Author : Georg Nolte
language : en
Publisher:
Release Date : 2005
European And Us Constitutionalism written by Georg Nolte and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Constitutional law categories.
This book asks whether and how far constitutional theory and judicial practice differ between Europe and the United States. The areas explored are freedom of speech, human dignity, duty of the state to protect individuals from harm, adjudication by constitutional and other courts, and democratic theory and international influences.
The Making Of A European Constitution
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Author : Michelle Everson
language : en
Publisher: Routledge
Release Date : 2007-09-21
The Making Of A European Constitution written by Michelle Everson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-09-21 with Law categories.
An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.
European And American Constitutionalism In The Eighteenth Century
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Author : Michał Rozbicki
language : en
Publisher:
Release Date : 1990
European And American Constitutionalism In The Eighteenth Century written by Michał Rozbicki and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Civilization, Modern categories.
Constitutionalism Democracy And Sovereignty
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Author : Richard Paul Bellamy
language : en
Publisher:
Release Date : 1996-01-01
Constitutionalism Democracy And Sovereignty written by Richard Paul Bellamy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-01 with Political Science categories.
"These papers were first presented at the 22nd Annual Conference of the UK Association for Legal and Social Philosophy, held at the University of East Anglia from 6-8th April 1995"--Page vii.
Freedom Of Speech
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Author : Uladzislau Belavusau
language : en
Publisher: Routledge
Release Date : 2013-10-08
Freedom Of Speech written by Uladzislau Belavusau and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-08 with Law categories.
This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe’s porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.
European Constitutionalism Beyond The State
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Author : J. H. H. Weiler
language : en
Publisher: Cambridge University Press
Release Date : 2003-09-04
European Constitutionalism Beyond The State written by J. H. H. Weiler 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 2003-09-04 with Law categories.
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
The Worlds Of European Constitutionalism
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Author : Gráinne de Búrca
language : en
Publisher: Cambridge University Press
Release Date : 2011-10-13
The Worlds Of European Constitutionalism written by Gráinne de Búrca 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 2011-10-13 with Political Science categories.
The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, in both the EU's internal and its external relations. The book culminates in a dialogical epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike.
Constitutionalism Democracy And Sovereignty
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Author : Richard Paul Bellamy
language : en
Publisher:
Release Date : 1996
Constitutionalism Democracy And Sovereignty written by Richard Paul Bellamy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Comparative government categories.