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 Struggle for Constitutionalism in Poland

The Struggle for Constitutionalism in Poland
Author: M. Brzezinski
Publisher: Springer
Total Pages: 268
Release: 1997-10-29
Genre: History
ISBN: 0230508626

This first time in paperback is the best comprehensive examination of the development of constitutionalism in Poland. In particular, this book examines Poland's long-term constitutional history, the adoption of a new constitutional framework after 1989, and the establishment of structures and procedures designed to institutionalize enduring respect for constitutional rules and principles. Notwithstanding continuing challenges in Poland, the groundwork for constitutionalism based on notions of limited government and reflective of European constitutional norms has emerged from the collapse of the communist system of power.

Defending Checks and Balances in EU Member States

Defending Checks and Balances in EU Member States
Author: Armin von Bogdandy
Publisher: Springer Nature
Total Pages: 478
Release: 2021-01-05
Genre: Law
ISBN: 366262317X

This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

The Government of Poland

The Government of Poland
Author: Jean-Jacques Rousseau
Publisher: Indianapolis : Bobbs-Merrill Company
Total Pages: 168
Release: 1972
Genre: Political Science
ISBN:

National Tradition or Western Pattern?

National Tradition or Western Pattern?
Author: Michał Gałędek
Publisher: BRILL
Total Pages: 348
Release: 2020-11-23
Genre: Law
ISBN: 9004441123

The monograph by Michał Gałędek presents the process of rebuilding administrative structures on the eve of establishment of the Kingdom of Poland in 1815, in connection with the plans of tsar Alexander I to grant a liberal constitutional political system to the Kingdom.

Human Rights in a Time of Populism

Human Rights in a Time of Populism
Author: Gerald L. Neuman
Publisher: Cambridge University Press
Total Pages: 297
Release: 2020-04-09
Genre: Law
ISBN: 1108485499

Leading experts examine the threats posed by populism to human rights and the international systems and explore how to confront them.

Winning Independence

Winning Independence
Author: John Ferling
Publisher: Bloomsbury Publishing USA
Total Pages: 753
Release: 2021-05-11
Genre: History
ISBN: 1635572770

Co-Winner of the 2022 Harry M. Ward Book Prize From celebrated historian John Ferling, the underexplored history of the second half of the Revolutionary War, when, after years of fighting, American independence often seemed beyond reach. It was 1778, and the recent American victory at Saratoga had netted the U.S a powerful ally in France. Many, including General George Washington, presumed France's entrance into the war meant independence was just around the corner. Meanwhile, having lost an entire army at Saratoga, Great Britain pivoted to a “southern strategy.” The army would henceforth seek to regain its southern colonies, Virginia, North Carolina, South Carolina, and Georgia, a highly profitable segment of its pre-war American empire. Deep into 1780 Britain's new approach seemed headed for success as the U.S. economy collapsed and morale on the home front waned. By early 1781, Washington, and others, feared that France would drop out of the war if the Allies failed to score a decisive victory that year. Sir Henry Clinton, commander of Britain's army, thought “the rebellion is near its end.” Washington, who had been so optimistic in 1778, despaired: “I have almost ceased to hope.” Winning Independence is the dramatic story of how and why Great Britain-so close to regaining several southern colonies and rendering the postwar United States a fatally weak nation ultimately failed to win the war. The book explores the choices and decisions made by Clinton and Washington, and others, that ultimately led the French and American allies to clinch the pivotal victory at Yorktown that at long last secured American independence.