Sub National Constitutional Law In Spain
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Sub National Constitutional Law In Spain
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Author : Agustín Ruiz Robledo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-03-26
Sub National Constitutional Law In Spain written by Agustín Ruiz Robledo and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-26 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of Sub- National constitutional law in Spain provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Spain will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Constitutional Law In Spain
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Author : Agustín Ruiz Robledo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-04-20
Constitutional Law In Spain written by Agustín Ruiz Robledo and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-20 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Spain provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Spain will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Federalism Subnational Constitutions And Minority Rights
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Author : G. Alan Tarr
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2004-08-30
Federalism Subnational Constitutions And Minority Rights written by G. Alan Tarr and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-08-30 with Law categories.
Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems. This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.
Constitutional Dynamics In Federal Systems
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Author : Michael Burgess
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2012
Constitutional Dynamics In Federal Systems written by Michael Burgess and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
How sub-national constitutions influence constitutional change and adaptation in federations.
Interlocking Constitutions
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Author : Luis I Gordillo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-04-25
Interlocking Constitutions written by Luis I Gordillo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-25 with Law categories.
The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.
Routledge Handbook Of Subnational Constitutions And Constitutionalism
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Author : Patricia Popelier
language : en
Publisher: Routledge
Release Date : 2021-09-21
Routledge Handbook Of Subnational Constitutions And Constitutionalism written by Patricia Popelier and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-21 with Law categories.
This handbook provides a toolbox of definitions and typologies to develop a theory of multilevel constitutionalism and subnational constitutions. The volume examines systems with subnational entities that have full subnational constituent autonomy and systems where subnational constituent powers, while claimed by subnational governments, are incomplete or non-existent. Understanding why complete subnational constituent power exists or is denied sheds significant light on the status and functioning of subnational constitutions. The book deals with questions of how constitutions at multiple levels of a political system can co-exist and interact. The term ‘multilevel constitutionalism’, recognized as explaining how a supranational European constitution can exist alongside those of the Member States, is now used to capture dynamics between constitutions at the national, subnational and, where applicable, supranational levels. Broad in scope, the book encompasses many different types of multi-tiered systems world-wide to map the possible meanings, uses and challenges of subnational or state constitutions in a variety of political and societal contexts. The book develops the building blocks of an explanatory theory of subnational constitutionalism and as such will be an essential reference for all those interested in comparative constitutional law, federalism and governance.
Sub State Governance Through Territorial Autonomy
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Author : Markku Suksi
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-07-17
Sub State Governance Through Territorial Autonomy written by Markku Suksi 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 2011-07-17 with Law categories.
This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These elements are used for a comparative analysis of the constitutional law that regulates the position of six currently existing special jurisdictions, the Åland Islands in Finalnd, Scotland in the United Kingdom, Puerto Rico in the United States of America, Hong Kong in China, Aceh in Indonesia and Zanzibar in Tanzania. The current sub-state entities examined can be arranged in relation to Memel in a manner that indicates that Hong Kong and the Åland conform to the typical territorial autonomy, while Puerto Rico and Aceh should probably not be understood as territorial autonomies proper. At the same time, the territorial autonomies can be distinguished from federally organized sub-state entities.
Constitutional Law Of 15 Eu Member States
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Author : Lucas Prakke
language : en
Publisher:
Release Date : 2005-01-01
Constitutional Law Of 15 Eu Member States written by Lucas Prakke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
This book was first published in Dutch in 1981. It was called `Het staatsrecht van de landen der Europese Gemeenschappen' (Constitutional Law of the EC Member States) and covered the then nine member states of the European Communities. Since that time, new editions have come to include new member states. The fifth edition, which was published in 1998, dealt with all fifteen countries that belonged to the European Union before the accession of ten new ones in 2004. An updated sixth edition, containing chapters on the same fifteen countries, was published in the spring of 2004. It is this sixth edition which is now presented in an English translation for the first time. The work describes in depth, though not in detail, the constitutional systems of Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom. Each chapter starts with a sketch of the constitutional history as an indispensable background to a proper understanding of the relevant constitution as it operates today. The outline of the constitutional system which follows deals with the sources of constitutional law, the federal or unitary character of the state (or something in between!), the head of state, the government, parliament, executive-legislative relationships, the legislative process, parliamentary scrutiny of government activity, electoral system, political parties, post-World War II election results and governments, the judiciary, regional and local government, and fundamental rights. The chapters conclude with a short bibliography. This book has been a highly successful teaching and research tool in the Netherlands for almost 25 years, and it is hoped its English edition will now fulfill the same function for a wider audience. The authors are all recognized authorities in the field of comparative constitutional law, many of them having extensive practical experience as politicians, judges or senior civil servants.
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.
Sub National Constitutional Law In South Africa
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Author : Rassie Malherbe
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-02-24
Sub National Constitutional Law In South Africa written by Rassie Malherbe and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-24 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of Sub- National constitutional law in South Africa provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in South Africa will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.