Constitutional Crisis in the European Constitutional Area

Constitutional Crisis in the European Constitutional Area
Author: Armin von Bogdandy
Publisher: Bloomsbury Publishing
Total Pages: 392
Release: 2015-03-26
Genre: Law
ISBN: 1782253335

The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop systemic deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitutions. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little-studied aspect of European constitutionalism.

Constitutional Democracy in Crisis?

Constitutional Democracy in Crisis?
Author: Mark A. Graber
Publisher: Oxford University Press
Total Pages: 352
Release: 2018-08-23
Genre: Law
ISBN: 0190889004

Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

Europe's Second Constitution

Europe's Second Constitution
Author: Markus W. Gehring
Publisher: Cambridge University Press
Total Pages: 439
Release: 2020-09-24
Genre: Law
ISBN: 1108487963

European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.

Law, Democracy and Solidarity in a Post-national Union

Law, Democracy and Solidarity in a Post-national Union
Author: Erik Oddvar Eriksen
Publisher: Routledge
Total Pages: 423
Release: 2008-07-04
Genre: Political Science
ISBN: 1134042809

To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order. This book deals with four themes which make up the main sources of the ‘constitutional crisis’: The problem of the rule of law in a context of governance beyond the nation state The problem of the social deficit of the Union The problem of identity and collective memories The problem of institutionalizing post-national democracy. These themes constitute the unfinished agenda of the European integration process. Law, Democracy and Solidarity in a Post-national Union is based on the efforts of a collection of top scholars in the fields of Law, Political Science, Sociology and Economics, and will appeal to students and scholars of political science, the European Union and European studies.

Rule of Law in Crisis

Rule of Law in Crisis
Author: Martin Belov
Publisher: Taylor & Francis
Total Pages: 323
Release: 2022-12-30
Genre: Law
ISBN: 1000830381

This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, memory politics and identity politics. It critically assesses the responses given by the EU and its member states to the current crisis. The work also provides an analysis of the most important challenges to rule of law stemming from the performance of constitutional courts, including the risks of judicial activism, politicization of the courts and judicialization of politics. The book will be an invaluable resource for researchers, academics and policy-makers working in the areas of Constitutional Law and Political Science.

Constitutional Change through Euro-Crisis Law

Constitutional Change through Euro-Crisis Law
Author: Thomas Beukers
Publisher: Cambridge University Press
Total Pages: 356
Release: 2017-07-06
Genre: Business & Economics
ISBN: 1107184495

A multilevel and comparative constitutional analysis of the impact of Euro-crisis law on the EU Constitution and its Member States.

The Euro Crisis and Constitutional Pluralism

The Euro Crisis and Constitutional Pluralism
Author: Tomi Tuominen
Publisher: Edward Elgar Publishing
Total Pages: 272
Release: 2021-06-25
Genre: Law
ISBN: 1800371594

This insightful book assesses the theory of constitutional pluralism in light of the events of the Eurozone crisis of the past decade. Based on an analysis of how national courts reviewed the crisis response mechanisms and participated in the European-level political process, Tomi Tuominen argues that constitutional pluralism is not a valid normative theory of European constitutionalism.

The Euro Area Crisis in Constitutional Perspective

The Euro Area Crisis in Constitutional Perspective
Author: Alicia Hinarejos Parga
Publisher: Oxford University Press, USA
Total Pages: 241
Release: 2015
Genre: Business & Economics
ISBN: 0198714955

A critical analysis of the evolution of Economic and Monetary Union, this book examines the changes brought about by the financial crisis. Tackling the uncertain future of economic and fiscal integration, it focuses on the constitutional obstacles to integration and provides a compelling account of key dilemmas facing the European Union today.