European And Us Constitutionalism
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Author | : Georg Nolte |
Publisher | : Cambridge University Press |
Total Pages | : 336 |
Release | : 2005-09-29 |
Genre | : Law |
ISBN | : 9781139446907 |
European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.
Author | : Georg Nolte |
Publisher | : Council of Europe |
Total Pages | : 257 |
Release | : 2005-01-01 |
Genre | : Political Science |
ISBN | : 9287157138 |
This book compiles the papers and comments delivered at the Confârence on "European and American constitutionaism" which took place in Gèttingen in 2003. Through topics like freedom of speech, human dignity, the protective function of the state, adjudication and democracy and international influences, the conference papers identify salient features of the constitutional systems on both sides of the Atlantic and address recent developments following the end of the soviet era in eastern Europe and the terrorists attacks of 11 September 2001.
Author | : Giovanni De Gregorio |
Publisher | : Cambridge University Press |
Total Pages | : 383 |
Release | : 2022-05-26 |
Genre | : Law |
ISBN | : 1316512770 |
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.
Author | : J. H. H. Weiler |
Publisher | : Cambridge University Press |
Total Pages | : 256 |
Release | : 2003-09-04 |
Genre | : Law |
ISBN | : 9780521796712 |
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
Author | : Georg Nolte |
Publisher | : |
Total Pages | : 312 |
Release | : 2005 |
Genre | : Constitutional law |
ISBN | : 9780511182716 |
This book asks whether and how far constitutional theory and judicial practice differ between Europe and the United States. The areas explored are freedom of speech, human dignity, duty of the state to protect individuals from harm, adjudication by constitutional and other courts, and democratic theory and international influences.
Author | : Christian Calliess |
Publisher | : Cambridge University Press |
Total Pages | : 393 |
Release | : 2019-10-24 |
Genre | : Law |
ISBN | : 1108480438 |
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Author | : Anneli Albi |
Publisher | : Springer |
Total Pages | : 1522 |
Release | : 2019-05-29 |
Genre | : Law |
ISBN | : 9462652732 |
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.
Author | : Georg Nolte |
Publisher | : |
Total Pages | : 312 |
Release | : 2005 |
Genre | : Constitutional law |
ISBN | : 9781107154964 |
This book asks whether and how far constitutional theory and judicial practice differ between Europe and the United States. The areas explored are freedom of speech, human dignity, duty of the state to protect individuals from harm, adjudication by constitutional and other courts, and democratic theory and international influences.
Author | : Takao Suami |
Publisher | : Cambridge University Press |
Total Pages | : 625 |
Release | : 2018-11-29 |
Genre | : History |
ISBN | : 1108417116 |
Examines and compares East Asian and European perspectives of Global Constitutionalism.
Author | : Michał Rozbicki |
Publisher | : |
Total Pages | : 158 |
Release | : 1990 |
Genre | : Civilization, Modern |
ISBN | : |