Europes Functional Constitution

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Europe's Functional Constitution

Europe's Functional Constitution Pdf/ePub eBook Author: ,
Editor: Oxford University Press
ISBN: 0191076872
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Europe's Functional Constitution by , Summary

Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of 'functional constitutionalism' to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.

The Many Constitutions of Europe

The Many Constitutions of Europe Pdf/ePub eBook Author: Suvi Sankari
Editor: Routledge
ISBN: 1317024494
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The Many Constitutions of Europe by Suvi Sankari Summary

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.

NATIONAL CONSTITUTIONS IN EUROPEAN AND GLOBAL GOVERNANCE

NATIONAL CONSTITUTIONS IN EUROPEAN AND GLOBAL GOVERNANCE Pdf/ePub eBook Author: Anneli Albi
Editor: Springer
ISBN: 9462652732
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NATIONAL CONSTITUTIONS IN EUROPEAN AND GLOBAL GOVERNANCE by Anneli Albi Summary

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.

Constitutional Courts and Democratic Values

Constitutional Courts and Democratic Values Pdf/ePub eBook Author: Víctor Ferreres Comella
Editor: Yale University Press
ISBN: 0300148682
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Constitutional Courts and Democratic Values by Víctor Ferreres Comella Summary

Víctor Ferreres Comella contrasts the European 'centralised' constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralised model such as that of the United States, in which courts deal with both constitutional and non-constitutional questions.

European Yearbook of Constitutional Law 2019

European Yearbook of Constitutional Law 2019 Pdf/ePub eBook Author: Ernst Hirsch Ballin,Gerhard van der Schyff,Maarten Stremler
Editor: Springer Nature
ISBN: 9462653593
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European Yearbook of Constitutional Law 2019 by Ernst Hirsch Ballin,Gerhard van der Schyff,Maarten Stremler Summary

The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and 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 inaugurate volume examines the safeguards and limits of judicial power in a variety of constitutional systems, both at the national and supranational level. The book approaches the judiciary as part of the constitutional system operating within a legal order that connects the citizens and institutions of the state to each other. Looking at the judiciary from this broader perspective, the traditional doctrine of the separation of powers would appear no longer to adequately represent the diversity and complexity of constitutional systems and their democratic legitimacy. Judicial independence does not mean isolation, but should better be understood as institutionalizing relationships that legitimize the power of the courts. The notions of ‘safeguards’ and ‘limits’ indicate the reciprocally enabling and protecting nature of these relationships. In recognition of this, the contributions to this volume analyse these safeguards and limits as relations existing within a complex constitutional architecture. State institutions, today, are involved in a fundamental transformation of their selfunderstanding as a result of changes in political culture. Several contributions to this volume provide examples of political criticism and pressure on the judiciary, against which the usual guarantees are unable to provide adequate protection. A convincing and effective response to threats to the judiciary’s independence requires a detailed and precise analysis of the judiciary’s constitutional safeguards and limits. This book offers a step in that direction.

Brexit and Beyond

Brexit and Beyond Pdf/ePub eBook Author: Benjamin Martill,Uta Staiger
Editor: UCL Press
ISBN: 1787352757
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Brexit and Beyond by Benjamin Martill,Uta Staiger Summary

Brexit will have significant consequences for the country, for Europe, and for global order. And yet much discussion of Brexit in the UK has focused on the causes of the vote and on its consequences for the future of British politics. This volume examines the consequences of Brexit for the future of Europe and the European Union, adopting an explicitly regional and future-oriented perspective missing from many existing analyses. Drawing on the expertise of 28 leading scholars from a range of disciplines, Brexit and Beyond offers various different perspectives on the future of Europe, charting the likely effects of Brexit across a range of areas, including institutional relations, political economy, law and justice, foreign affairs, democratic governance, and the idea of Europe itself. Whilst the contributors offer divergent predictions for the future of Europe after Brexit, they share the same conviction that careful scholarly analysis is in need – now more than ever – if we are to understand what lies ahead for the EU. Praise for Brexit and Beyond 'a wide-ranging and thought-provoking tour through the vagaries of British exit, with the question of Europe’s fate never far from sight...Brexit is a wake-up call for the EU. How it responds is an open question—but respond it must. To better understand its options going forward you should turn to this book, which has also been made free online.' Prospect Magazine 'This book explores wonderfully well the bombshell of Brexit: is it a uniquely British phenomenon or part of a wider, existential crisis for the EU? As the tensions and complexities of the Brexit negotiations come to the fore, the collection of essays by leading scholars will prove a very valuable reference for their depth of analysis, their lucidity, and their outlining of future options.' - Kevin Featherstone, Head of the LSE European Institute, London School of Economics 'Brexit and Beyond is a must read. It moves the ongoing debate about what Brexit actually means to a whole new level. While many scholars to date have examined the reasons for the British decision to leave, the crucial question of what Brexit will mean for the future of the European project is often overlooked. No longer. Brexit and Beyond bundles the perspectives of leading scholars of European integration. By doing so, it provides a much needed scholarly guidepost for our understanding of the significance of Brexit, not only for the United Kingdom, but also for the future of the European continent.' - Catherine E. De Vries, Professor in the department of Government, University of Essex and Professor in the department of Political Science and Public Administration Free University Amsterdam 'Brexit and Beyond provides a fascinating (and comprehensive) analysis on the how and why the UK has found itself on the path to exiting the European Union. The talented cast of academic contributors is drawn from a wide variety of disciplines and areas of expertise and this provides a breadth and depth to the analysis of Brexit that is unrivalled. The volume also provides large amounts of expert-informed speculation on the future of both the EU and UK and which is both stimulating and anxiety-inducing.' -Professor Richard Whitman, Head of School, Professor of Politics and International Relations, Director of the Global Europe Centre, University of Kent

The Triangular Constitution

The Triangular Constitution Pdf/ePub eBook Author: Tom Flynn
Editor: Bloomsbury Publishing
ISBN: 1509916172
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The Triangular Constitution by Tom Flynn Summary

This book offers a new account of modern European constitutionalism. It uses the Irish constitutional order to demonstrate that, right across the European Union, the national constitution can no longer be understood on its own, in isolation from the EU legal order or from the European Convention on Human Rights. The constitution is instead triangular, with these three legal orders forming the points of a triangle, and the relationship and interactions between them forming the triangle's sides. It takes as its starting point the theory of constitutional pluralism, which suggests that overlapping constitutional orders are not necessarily arranged 'on top of' each other, but that they may be arranged heterarchically or flatly, without a hierarchy of superior and subordinate constitutions. However, it departs from conventional accounts of this theory by emphasising that we must still pay close attention to jurisdictional specificity in order to understand the norms that regulate pluralist constitutions. It shows, through application of the theory to case studies, that any attempt to extract universal principles from the jurisdictionally contingent interactions between specific legal orders is fraught with difficulty. The book is an important contribution to constitutional theory in general, and constitutional pluralism in particular, and will be of great interest to scholars in the field.

Europe's Hidden Federalism

Europe's Hidden Federalism Pdf/ePub eBook Author: Bojan Kovacevic
Editor: Taylor & Francis
ISBN: 1317139003
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Europe's Hidden Federalism by Bojan Kovacevic Summary

The hidden federal features of the European Union help explain the challenges of legitimacy, democracy and freedom that face an unfinished political community. Ideas about federalism and the reality of existing federal states cannot be sharply divided in an analysis of the EU’s multilevel political order, but so far, both scholars and major decision makers have shown interest only in the normal functioning of federal systems: ignoring the dilemma of the federation’s legitimate authority has resulted in an existential crisis for the EU which has become ever more manifest over recent years. This book employs a combination of political philosophy and political science, of federal philosophic ideas and their traces in real federal institutions, in order to achieve the task of understanding the federal features of the EU governance system. The first part of the work focuses on building an appropriate theoretical framework to explain the new meanings attached to familiar notions of democracy, legitimacy and citizenship in the context of a political community like the EU. In the second part the federal features of the EU’s political system are examined in comparison to other current and historical federal perspectives like the US, Switzerland, Yugoslavia and Germany. Through an analysis of the hidden federal aspects of the EU and the links between hidden federalism and the EU’s legitimacy crisis, this book reveals the patterns that should be avoided and gives us guidelines that should be followed if the EU is to become democratic and politically united without jeopardising the state character of its members.

The Passivity of Law

The Passivity of Law Pdf/ePub eBook Author: Luigi Corrias
Editor: Springer Science & Business Media
ISBN: 9789400710344
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The Passivity of Law by Luigi Corrias Summary

At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as “chiastic theory,” which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.

Eurolegalism

Eurolegalism Pdf/ePub eBook Author: R. Daniel Kelemen
Editor: Harvard University Press
ISBN: 0674061055
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Eurolegalism by R. Daniel Kelemen Summary

Despite western Europe’s traditional disdain for the United States’ “adversarial legalism,” the European Union is shifting toward a similar approach to the law, according to Daniel Kelemen. Coining the term “eurolegalism” to describe the hybrid, he shows how the political and organizational realities of the EU make this shift inevitable.

The Convergence of the Fundamental Rights Protection in Europe

The Convergence of the Fundamental Rights Protection in Europe Pdf/ePub eBook Author: Rainer Arnold
Editor: Springer
ISBN: 940177465X
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The Convergence of the Fundamental Rights Protection in Europe by Rainer Arnold Summary

The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.

The Cosmopolitan Constitution

The Cosmopolitan Constitution Pdf/ePub eBook Author: Alexander Somek
Editor: OUP Oxford
ISBN: 0191030929
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The Cosmopolitan Constitution by Alexander Somek Summary

Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.

Constitution for a Disunited Nation

Constitution for a Disunited Nation Pdf/ePub eBook Author: Gábor Attila Tóth
Editor: Central European University Press
ISBN: 6155225575
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Constitution for a Disunited Nation by Gábor Attila Tóth Summary

This collection is the most comprehensive account of the Fundamental Law and its underlying principles. The objective is to analyze this constitutional transition from the perspectives of comparative constitutional law, legal theory and political philosophy. The authors outline and analyze how the current constitutional changes are altering the basic structure of the Hungarian State. The key concepts of the theoretical inquiry are sociological and normative legitimacy, majoritarian and partnership approach to democracy, procedural and substantive elements of constitutionalism. Changes are also examined in the field of human rights, focusing on the principles of equality, dignity, and civil liberties.

The European Union after Lisbon

The European Union after Lisbon Pdf/ePub eBook Author: Hermann-Josef Blanke,Stelio Mangiameli
Editor: Springer Science & Business Media
ISBN: 9783642195075
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The European Union after Lisbon by Hermann-Josef Blanke,Stelio Mangiameli Summary

The book contains 24 contributions from European law scholars and practitioners analysing the constitutional basis of the European Union and the normative orientation of the Common Foreign and Security Policy (CFSP) as well as the central economic and monetary provisions (TFEU) after the Reform Treaty of Lisbon. Presenting the findings of a European research team, which is composed of authors from eight Member States, the publication underlines the aspiration of the editors to thoroughly analyse the constitutional law of the European Union currently in force.

The Left Case for Brexit

The Left Case for Brexit Pdf/ePub eBook Author: Richard Tuck
Editor: John Wiley & Sons
ISBN: 1509542299
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The Left Case for Brexit by Richard Tuck Summary

Liberal left orthodoxy holds that Brexit is a disastrous coup, orchestrated by the hard right and fuelled by xenophobia, which will break up the Union and turn what’s left of Britain into a neoliberal dystopia. Richard Tuck’s ongoing commentary on the Brexit crisis demolishes this narrative. He argues that by opposing Brexit and throwing its lot in with a liberal constitutional order tailor-made for the interests of global capitalists, the Left has made a major error. It has tied itself into a framework designed to frustrate its own radical policies. Brexit therefore actually represents a golden opportunity for socialists to implement the kind of economic agenda they have long since advocated. Sadly, however, many of them have lost faith in the kind of popular revolution that the majoritarian British constitution is peculiarly well-placed to deliver and have succumbed instead to defeatism and the cultural politics of virtue-signalling. Another approach is, however, still possible. Combining brilliant contemporary political insights with a profound grasp of the ironies of modern history, this book is essential for anyone who wants a clear-sighted assessment of the momentous underlying issues brought to the surface by Brexit.

The Constitutional Theory of the Federation and the European Union

The Constitutional Theory of the Federation and the European Union Pdf/ePub eBook Author: Signe Rehling Larsen
Editor: Oxford University Press
ISBN: 0192603000
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The Constitutional Theory of the Federation and the European Union by Signe Rehling Larsen Summary

From the start of the European integration process, one question has puzzled scholars: what type of political association is the European Union? In absence of an agreed upon response, most scholars have suggested that the European Union is 'sui generis'. This book challenges the sui generis thesis by demonstrating that the EU is not a unique form of association, but rather a federal union of states, or what this book calls a federation. This is a discrete form of political association on par with, though differentiated from, political modernity's two other main forms, namely the state and the empire. The federation cannot be understood on the basis of the general theory of the state or its concept of sovereignty. The 'statist' imaginary still dominates both the debates on federalism and the EU, meaning that all federal policies are either seen as 'confederal' associations of sovereign states or sovereign federal states. This book challenges this binary by demonstrating that the federation is not a 'super state' but a discrete political form with its own constitutional theory. It is characterized by a double political existence, a lack of internal hierarchy, and the internal absence, contestation, or repression of sovereignty. This book details the key aspects of federal constitutional theory and how this theory accounts for the EU's constitutional form as well as the crises it has faced in recent years. This book is broken into five chapters that cover the introduction to federalism, origins of the EU, state transformation and teleology, unity in diversity, and emergency rule without a sovereign. This book draws on a variety of literatures and historical material to help the reader develop a critical understanding of 'constitutional myths' and the theory of federalism.

The Constitution of European Democracy

The Constitution of European Democracy Pdf/ePub eBook Author: Dieter Grimm
Editor: Oxford University Press
ISBN: 0192527436
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The Constitution of European Democracy by Dieter Grimm Summary

Europe is in crisis. With rising unrest among citizens of EU member states exemplified by the UK's decision to leave the EU, and the growing popularity of anti-EU political parties, Dieter Grimm presents the argument that Europe has to change its method of further integration or risks failure. This book, containing essays many of which have not been published in the English language to date, explores how the EU has become over-constitutionalized. Grimm argues that this has left the EU with a democratic deficit leading to the alienation of citizens. This book highlights Europe's democracy problem. The most prominent argument running throughout is that the EU and its decision-making processes have become over-constitutionalized. This is due to the constitutionalization of European treaties, which has occurred by raising them to the eminence of a constitution as a result of the jurisprudence of the European Court of Justice. However, the treaties contain provisions that would be ordinary law in member states. The fact that they enjoy constitutional status in Europe detaches them from the democratic processes in the member states and the EU itself, and contributes to the growing independence of the EU's executive and judicial institutions. The book also asserts that currently the EU does not have enough sources of legitimation to uphold itself, surviving solely on the legitimation provided by member states. One popular remedy is the suggestion of 'parliamentarization' of the EU, giving the European Parliament the powers typically possessed by national parliaments as a means of heightening its legitimation. This is criticized by Grimm as expanding the Parliament's powers would not change the effects of over-constiutionalization as the Parliament is inferior to the constitution. In order to reduce the EU's legitimacy deficit, Grimm makes several recommendations. The repoliticization of the decision-making processes, which can be achieved by reducing treaties to the capacity necessary for their constitutional function; the reinvigoration of European Parliament elections, by having 'Europeanized' parties to increase engagement with European society and give voters the opportunity to more immediately influence European politics; and a new division of powers based on subject matter to restrain European expansionism, reserving particular areas of policy to the responsibility of member states even if this affects the common market.

Principles of European Constitutional Law

Principles of European Constitutional Law Pdf/ePub eBook Author: Armin von Bogdandy,Jürgen Bast
Editor: Bloomsbury Publishing
ISBN: 184731550X
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Principles of European Constitutional Law by Armin von Bogdandy,Jürgen Bast Summary

For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven

Language Rights and the Law in the European Union

Language Rights and the Law in the European Union Pdf/ePub eBook Author: Eduardo D. Faingold
Editor: Springer Nature
ISBN: 3030330125
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Language Rights and the Law in the European Union by Eduardo D. Faingold Summary

This book examines the language policies relating to linguistic rights in European Union law and in the constitutions and legal statutes of some European Union member states. In recent years, the European Union has seen an increase in claims for language recognition by minority groups representing a considerable population (such as Catalan in Spain and Welsh in the UK). Additionally, there is a developing situation surrounding the official use of English within the European Union in the aftermath of the Brexit vote. In light of these two contexts, this book focuses on the degree of legal protection afforded to linguistic groups in the European Union. It will be of interest to students and scholars of language policy, EU law, minority languages and sociolinguistics.

Drafting the Irish Constitution, 1935–1937

Drafting the Irish Constitution, 1935–1937 Pdf/ePub eBook Author: Donal K. Coffey
Editor: Springer
ISBN: 331976246X
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Drafting the Irish Constitution, 1935–1937 by Donal K. Coffey Summary

The second of two volumes, this book situates the drafting of the Irish Constitution within broader transnational constitutional currents. Donal K. Coffey pioneers a new method of draft sequencing in order to track early influences in the drafting process and demonstrate the importance of European influences such as the German, Polish, and Portuguese Constitutions to the Irish drafts. He also analyses the role that religion played in the drafting process, and considers the new institutions of state, such as the presidency and the senate, tracing the genesis of these institutions to other continental constitutions. Together with volume I, Constitutionalism in Ireland, 1932–1938, this book argues that the 1937 Constitution is only explicable within the context of the European and international trends which inspired it.