Comparative Constitutional Reasoning

Comparative Constitutional Reasoning
Author: András Jakab
Publisher: Cambridge University Press
Total Pages: 867
Release: 2017-04-27
Genre: Law
ISBN: 1108138616

To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

The Constitution of the Czechoslovak Republic

The Constitution of the Czechoslovak Republic
Author: Jiří Hoetzel
Publisher: DigiCat
Total Pages: 76
Release: 2022-07-20
Genre: History
ISBN:

The Constitution of the Czechoslovak Republic is the supreme law. The current constitution was adopted by the Czech National Council on 16 December 1992, replacing the old Constitution of Czechoslovakia when Czechoslovakia gave way to the Slovak Republic and the Czech Republic. This was in accordance with the Act of 29th February 1920 which concerned the language rights of the new republic and the jurisdiction of the senate.

Czecho/Slovakia

Czecho/Slovakia
Author: Eric Stein
Publisher: University of Michigan Press
Total Pages: 420
Release: 2000-01-26
Genre: History
ISBN: 9780472086283

DIVDescribes the peaceful breakup of the Czechoslovak Federation /div

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.

Globalization, Governance and Identity

Globalization, Governance and Identity
Author: Guy Lachapelle
Publisher: PUM
Total Pages: 302
Release: 2000
Genre: Business & Economics
ISBN: 2760617823

The International Political Science Association (IPSA) attempted to seek theoretical explanations for the established and emerging forms of political and economic partnerships. This is the result of these efforts, following a roundtable organized by IPSA in Quebec City in 1998.

Elusive Equality

Elusive Equality
Author: Melissa Feinberg
Publisher: University of Pittsburgh Pre
Total Pages: 287
Release: 2006-04-30
Genre: History
ISBN: 0822971038

When Czechoslovakia became independent in 1918, Czechs embraced democracy, which they saw as particularly suited to their national interests. Politicians enthusiastically supported a constitution that proclaimed all citizens, women as well as men, legally equal. But they soon found themselves split over how to implement this pledge. Some believed democracy required extensive egalitarian legislation. Others contended that any commitment to equality had to bow before other social interests, such as preserving the traditional family. On the eve of World War II, Czech leaders jettisoned the young republic for an "authoritarian democracy" that firmly placed their nation, and not the individual citizen, at the center of politics. In 1948, they turned to a Communist-led "people's democracy," which also devalued individual rights. By examining specific policy issues, including marriage and family law, civil service regulations, citizenship law, and abortion statutes, Elusive Equality demonstrates the relationship between Czechs' ideas about gender roles and their attitudes toward democracy. Gradually, many Czechs became convinced that protecting a traditionally gendered family ideal was more important to their national survival than adhering to constitutionally prescribed standards of equal citizenship. Through extensive original research, Melissa Feinberg assembles a compelling account of how early Czech progress in women's rights, tied to democratic reforms, eventually lost momentum in the face of political transformations and the separation of state and domestic issues. Moreover, Feinberg presents a prism through which our understanding of twentieth-century democracy is deepened, and a cautionary tale for all those who want to make democratic governments work.

The Break-up of Czechoslovakia

The Break-up of Czechoslovakia
Author: Oldřich Dědek
Publisher:
Total Pages: 232
Release: 1996
Genre: Business & Economics
ISBN:

This work examines the dissolution of Czechoslovakia in 1993. The emphasis is on the economic side of the process, and the economic history which preceded the split is analyzed. The original policy measures adopted to minimize the dissolution shocks are described, as are the recent post-split trends in both the successor economies. This work aims to provide a detailed insight into the process of the split and to serve as a source of knowledge in today's world of growing nationalism.

Concerning Questions of Leninism

Concerning Questions of Leninism
Author: Joseph Stalin
Publisher:
Total Pages: 86
Release: 2021-07-11
Genre:
ISBN: 9781105460890

Was Leninism elaborated only on Russian soil, for Russia alone, and not on the soil of imperialism, and for the imperialist countries generally? Do such works of Lenin as "Imperialism, the Highest Stage of Capitalism," "The State and Revolution," "The Proletarian Revolution and the Renegade Kautsky," "Left-Wing Communism, an Infantile Disorder," etc., apply only to Russia, and not to all imperialist countries in general? Is not Leninism the generalisation of the experience of the revolutionary movement of all countries? Are not the fundamentals of the theory and tactics of Leninism suitable, are they not obligatory, for the proletarian parties of all countries? Was not Lenin right when he said that "Bolshevism can serve as a model of tactics for all"?