European Standards of Electoral Law in Contemporary Constitutionalism

European Standards of Electoral Law in Contemporary Constitutionalism
Author: European Commission for Democracy through Law
Publisher: Council of Europe
Total Pages: 169
Release: 2005-01-01
Genre: Law
ISBN: 9287159106

This volume includes the reports presented at the seminar on "European standards of electoral law in contemporary constitutionalism" organised by the Venice Commission in co-operation with the Constitutional Court of the Republic of Bulgaria in Sofia (Bulgaria), on 28 and 29 May 2004. Electoral law and co-operation with constitutional courts and courts of equivalent jurisdiction have been two of the main areas of the activities of the Venice Commission since its creation in 1990. The reports cover such fundamental issues as the advantages and shortcomings of different electoral systems, the case law of higher national courts on electoral disputes, the participation of foreigners in the electoral process at the local level, the electoral rights of individuals having the citizenship of other European countries and the possible development of electoral law within the European Union.

European Standards of Electoral Law in Contemporary Constitutionalism

European Standards of Electoral Law in Contemporary Constitutionalism
Author: European Commission for Democracy through Law
Publisher: Council of Europe
Total Pages: 174
Release: 2005
Genre: Law
ISBN:

This volume includes the reports presented at the seminar on "European standards of electoral law in contemporary constitutionalism" organised by the Venice Commission in co-operation with the Constitutional Court of the Republic of Bulgaria in Sofia (Bulgaria), on 28 and 29 May 2004. Electoral law and co-operation with constitutional courts and courts of equivalent jurisdiction have been two of the main areas of the activities of the Venice Commission since its creation in 1990. The reports cover such fundamental issues as the advantages and shortcomings of different electoral systems, the case law of higher national courts on electoral disputes, the participation of foreigners in the electoral process at the local level, the electoral rights of individuals having the citizenship of other European countries and the possible development of electoral law within the European Union.

Code of Good Practice in Electoral Matters

Code of Good Practice in Electoral Matters
Author: European Commission for Democracy through Law
Publisher: Council of Europe
Total Pages: 56
Release: 2003-01-01
Genre: Political Science
ISBN: 9789287151919

This publication contains a set of guidelines for good practice in the conduct of elections, based on Europe's electoral heritage, as well as an explanatory report which explains the key principles on which they are based. The guidelines and report were adopted in 2002 by the Council for Democratic Elections and by the European Commission for Democracy through Law (also known as the Venice Commission); and approved in 2003 by the Parliamentary Assembly of the Council Europe and by the Congress of Local and Regional Authorities in Europe.

International Electoral Standards

International Electoral Standards
Author: International Institute for Democracy and Electoral Assistance
Publisher: International IDEA
Total Pages: 132
Release: 2002
Genre: Law
ISBN:

Secrecy of the ballot

Digital Constitutionalism in Europe

Digital Constitutionalism in Europe
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.

European Constitutionalism

European Constitutionalism
Author: Kaarlo Tuori
Publisher: Cambridge University Press
Total Pages: 419
Release: 2015-07-16
Genre: Law
ISBN: 1107087090

This book provides a new understanding of the European constitution as a multidimensional process of constitutionalization, constantly interacting with Member State constitutions.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
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.

The Cancellation of Election Results

The Cancellation of Election Results
Author: European Commission for Democracy through Law
Publisher: Council of Europe
Total Pages: 78
Release: 2010-01-01
Genre: Law
ISBN: 9789287166517

Electoral law, like all other fields of law, Is effective only if it provides for sanctions. The cancellation of elections results, The most serious of sanctions, Is in general linked To The most serious of irregularities, especially when its effects are felt beyond a small constituency. However, small technical inaccuracies may affect election results if the difference in votes is minimal, As recent examples such as the notorious 2000 United States presidential elections have shown. This book aims to determine when electoral disputes should lead to such a consequence, based on the practice of national, constitutional and supreme courts throughout Europe, As well as on the practice of the European Court of Human Rights. This publication contains the reports presented at the Seminar on Cancellation of Election Results, organised by the Venice Commission in co-operation with the Constitutional Court of Malta And The Maltese Ministry of Justice and Home Affairs, On 14 and 15 November 2008.

Definition and Development of Human Rights and Popular Sovereignty in Europe

Definition and Development of Human Rights and Popular Sovereignty in Europe
Author: European Commission for Democracy through Law
Publisher: Council of Europe
Total Pages: 236
Release: 2011-01-01
Genre: Political Science
ISBN: 9789287171344

What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?

Electoral Rights in Europe

Electoral Rights in Europe
Author: Helen Hardman
Publisher: Routledge
Total Pages: 236
Release: 2017-06-26
Genre: Political Science
ISBN: 1315470470

From the perspective of a number of different social science disciplines, this book explores the ways in which the election of politicians can be made more fair and credible by adopting a human rights approach to elections. It discusses existing international standards for the conduct of elections and presents case studies relating to jurisdictions within Europe, especially those emerging from conflict or from an authoritarian past, which demonstrate how problems occur and can be addressed. Significant advances have been achieved through the Council of Europe’s soft and hard law frameworks but the book demonstrates that much more needs to be done to ensure that these and other standards are fully adhered to and developed. This collection offers a fresh examination of electoral rights and practices – and their impact on the quality of democracy – by superimposing a human rights perspective on existing election theories derived from the literatures of law, political science and international relations. This text will be of key interest to scholars, students and practitioners of electoral democracy and human rights, as well as those working in the areas of comparative politics and European politics.