European Constitutional Courts Towards Data Retention Laws, Zubik Marek, Podkowik Jan, Rybski Robert
Автор: Jakab Andrбs Название: Comparative Constitutional Reasoning ISBN: 1107449766 ISBN-13(EAN): 9781107449763 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examining reasoning practices of constitutional judges across eighteen legal systems globally, this book focuses on leading cases in order to compare processes, using a combination of qualitative and quantitative analysis. Contributors offer the most comprehensive and systematic account of constitutional reasoning to date, in the first ever study of this scale.
Автор: Inge Govaere, Paul Nemitz, Sacha Garben Название: Critical Reflections on Constitutional Democracy in the European Union ISBN: 1509952055 ISBN-13(EAN): 9781509952052 Издательство: Bloomsbury Academic Рейтинг: Цена: 7126.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problematique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the array of existing scholarship and debate by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal.
Автор: Ernst Hirsch Ballin; Gerhard van der Schyff; Maart Название: European Yearbook of Constitutional Law 2019 ISBN: 9462653615 ISBN-13(EAN): 9789462653610 Издательство: Springer Рейтинг: Цена: 23757.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
Автор: Jakab Название: European Constitutional Language ISBN: 1107130786 ISBN-13(EAN): 9781107130784 Издательство: Cambridge Academ Рейтинг: Цена: 19800.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Drawing together a wealth of literature, much of which has never been touched upon by scholarship in English, Jakab argues for a new understanding of European constitutional law discourse in its social, political and historical context. This remarkable book is essential reading for all scholars and students of constitutional theory.
Описание: In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. This book promotes a viable interdisciplinary alternative to these developments.
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.
Название: Judicial law-making in european constitutional courts ISBN: 0367900750 ISBN-13(EAN): 9780367900755 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined.
Автор: Biagi Francesco Название: European Constitutional Courts and Transitions to Democracy ISBN: 1108489397 ISBN-13(EAN): 9781108489393 Издательство: Cambridge Academ Рейтинг: Цена: 16474.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a comparative look at the role of three generations of European Constitutional Courts in the processes of transition to democracy, showing how they contributed to the positive outcome of democratization. It will appeal to scholars and practitioners interested in the waves of democratization in twentieth century Europe.
Описание: How much power does a monarch really have? How much autonomy do they enjoy? Who regulates the size of the royal family, their finances, the rules of succession? These are some of the questions considered in this edited collection on the monarchies of Europe.
The book is written by experts from Belgium, Denmark, Luxembourg, the Netherlands, Norway, Spain, Sweden and the UK. It considers the constitutional and political role of monarchy, its powers and functions, how it is defined and regulated, the laws of succession and royal finances, relations with the media, the popularity of the monarchy and why it endures.
No new political theory on this topic has been developed since Bagehot wrote about the monarchy in The English Constitution (1867). The same is true of the other European monarchies. 150 years on, with their formal powers greatly reduced, how has this ancient, hereditary institution managed to survive and what is a modern monarch's role? What theory can be derived about the role of monarchy in advanced democracies, and what lessons can the different European monarchies learn from each other?
The public look to the monarchy to represent continuity, stability and tradition, but also want it to be modern, to reflect modern values and be a focus for national identity. The whole institution is shot through with contradictions, myths and misunderstandings. This book should lead to a more realistic debate about our expectations of the monarchy, its role and its future. The contributors are leading experts from all over Europe: Rudy Andeweg, Ian Bradley, Paul Bovend'Eert, Axel Calissendorff, Frank Cranmer, Robert Hazell, Olivia Hepsworth, Luc Heuschling, Helle Krunke, Bob Morris, Roger Mortimore, Lennart Nilsson, Philip Murphy, Quentin Pironnet, Bart van Poelgeest, Frank Prochaska, Charles Powell, Jean Seaton, Eivind Smith.
Автор: Ulrich Haltern Название: The Constitution of the European Union: A Contextual Analysis ISBN: 1782257470 ISBN-13(EAN): 9781782257479 Издательство: Bloomsbury Academic Рейтинг: Цена: 3958.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This books provides a contextual analysis of the constitution of the European Union which, unlike most constitutions, does not belong to a state. Rather, the EU is an international organization that has moved beyond the features of international law into a terrain very close to the municipal law of federal states. Many features we take for granted in nation-states are non-existent, or contested, in the Union. There is no European Union constitutional text in the proper sense; the “Constitutional Treaty” signed by the Member States in 2004 failed spectacularly in the process of popular ratification. The Union’s founding texts were international treaties – international law, not constitutional law. And yet, over time, legal doctrine put into place by the European Court of Justice in Luxembourg has led to constitutional attributes of Union law, and political practice, led by the Commission, has mirrored these attributes, complementing a de facto constitutionalist environment. As a consequence, we have seen a steady re-ordering of the functional boundaries of the Member States, followed by a nascent re-ordering of the imagined boundaries of political community and self. All of this is constitutionalism writ large: legal doctrines, institutional arrangements, political practices, and their implications for legitimacy, democracy, and political self-imagination, and together they form the subject of this fascinating book.
Название: Comparative constitutional reasoning ISBN: 1107085586 ISBN-13(EAN): 9781107085589 Издательство: Cambridge Academ Рейтинг: Цена: 19483.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examining reasoning practices of constitutional judges across eighteen legal systems globally, this book focuses on leading cases in order to compare processes, using a combination of qualitative and quantitative analysis. Contributors offer the most comprehensive and systematic account of constitutional reasoning to date, in the first ever study of this scale.
Автор: Konstadinides, Theodore Название: Rule of law in the european union ISBN: 1849464707 ISBN-13(EAN): 9781849464703 Издательство: Bloomsbury Academic Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens’ lives) is dependent on the commitment of all European integration stakeholders to the EU project.
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