International Norms In Constitutional Law
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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.
Sovereignty And Interpretation Of International Norms
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Author : Carlos Fernández de Casadevante y Rom
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-06-06
Sovereignty And Interpretation Of International Norms written by Carlos Fernández de Casadevante y Rom 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 2007-06-06 with Law categories.
This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.
International Norms In Constitutional Law
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Author : Michael L. Wells
language : en
Publisher:
Release Date : 2004
International Norms In Constitutional Law written by Michael L. Wells and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Constitutional law categories.
Common Law Of International Organizations
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Author : Finn Seyersted
language : en
Publisher: BRILL
Release Date : 2008
Common Law Of International Organizations written by Finn Seyersted and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Political Science categories.
Common Law of International Organizations brings together all the elements pertaining to the theory of objective legal personality, which have so far only been presented separately. The legal theory outlined in this book is fully compatible with modern requirements of good governance and accountability of international organizations, and is in line with the ideal of systemic integration of legal regimes constituting the internal law of the organization.
Constitutional Law
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Author : Andre Alen
language : en
Publisher: Springer
Release Date : 1996-03-01
Constitutional Law written by Andre Alen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-03-01 with Science categories.
Contestation And Constitution Of Norms In Global International Relations
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Author : Antje Wiener
language : en
Publisher: Cambridge University Press
Release Date : 2018-08-23
Contestation And Constitution Of Norms In Global International Relations written by Antje Wiener 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 2018-08-23 with Law categories.
Examines the involvement of local actors in conflicts over global norms at the intersection between international relations and international law.
The Invisible Constitution Of Politics
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Author : Antje Wiener
language : en
Publisher:
Release Date : 2008-08-14
The Invisible Constitution Of Politics written by Antje Wiener and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-08-14 with Law categories.
This book focuses on the contested meanings of norms in a world of increasing international encounters.
Global Constitutionalism And The Path Of International Law
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Author : Surendra R. Bhandari
language : en
Publisher: BRILL
Release Date : 2016-04-26
Global Constitutionalism And The Path Of International Law written by Surendra R. Bhandari and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-26 with Law categories.
In Global Constitutionalism and the Path of International Law, Surendra Bhandari succinctly offers an account of the most important growth and features of international law from the perspectives of global constitutionalism. The author examines the concept from its constitutive features and the operative standards or modus operandi. These two aspects offer a new and innovative methodology in explicating the theory of ‘global constitutionalism’. By examining three cases: international trade (WTO), human rights, and the role of Security Council, the author demonstrates how the idea of global constitutionalism is shaping and deepening the path of international law in the 21st century and elucidates the development of international law as a body of positive rules.
The United Nations Charter As The Constitution Of The International Community
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Author : Bardo Fassbender
language : en
Publisher: BRILL
Release Date : 2009
The United Nations Charter As The Constitution Of The International Community written by Bardo Fassbender and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
The a oeconstitutionalizationa of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from a oeclassicala international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.
The Constitutionalization Of International Law
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Author : Jan Klabbers
language : en
Publisher: Oxford University Press
Release Date : 2009-10
The Constitutionalization Of International Law written by Jan Klabbers 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 2009-10 with Law categories.
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union.This book asks whether we now see constitutionalization taking place also at the global level.The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas andof their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law-has some explanatory power, permits new insights and allows for new arguments.The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions.