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| Author | : Trude Haugli |
| Publisher | : Brill Nijhoff |
| Total Pages | : 0 |
| Release | : 2020 |
| Genre | : Children |
| ISBN | : 9789004382800 |
This study explores whether and how enshrining children's rights in national constitutions improves implementation and enforcement of those rights by comparing Danish, Finnish, Icelandic, Norwegian and Swedish law.
| Author | : Helle Krunke |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 458 |
| Release | : 2018-08-23 |
| Genre | : Law |
| ISBN | : 1509910948 |
This book analyses the Nordic constitutional systems of Denmark, Finland, Iceland, Norway and Sweden in a comparative context. It has two main aims: first to fill a gap in the literature by providing an accessible English language account of the Nordic constitutions, and second to provide a comparative analysis of them, revealing their similarities and differences within their political, historical and cultural contexts. In this respect, the book challenges the assumption that the Nordic countries form a homogeneous constitutional system due to their cultural and historical affinities, a view not necessarily supported by a close comparative examination. A key issue is EU membership –where the Nordic countries have made different choices at different times – and the book will show how this has affected the individual countries and whether a divide between EU member states (Denmark, Finland and Sweden) and non-members (Iceland and Norway) has appeared. Another key issue is how the ECHR has impacted the Nordic constitutional systems and whether the convention draws the Nordic systems closer to each other. The book represents a first of its kind in the English language, and will provide constitutional scholars with a valuable comparative resource on the Nordic region.
| Author | : Torbjörn Bergman |
| Publisher | : University of Michigan Press |
| Total Pages | : 428 |
| Release | : 2011-06-14 |
| Genre | : History |
| ISBN | : 0472117475 |
Parliamentary democracy is the most common regime type in the contemporary political world, but the quality of governance depends on effective parliamentary oversight and strong political parties. Denmark, Finland, Iceland, Norway, and Sweden have traditionally been strongholds of parliamentary democracy. In recent years, however, critics have suggested that new challenges such as weakened popular attachment, the advent of cartel parties, the judicialization of politics, and European integration have threatened the institutions of parliamentary democracy in the Nordic region. This volume examines these claims and their implications. The authors find that the Nordic states have moved away from their previous resemblance to a Westminster model toward a form of parliamentary democracy with more separation-of-powers features—a Madisonian model. These features are evident both in vertical power relations (e.g., relations with the European Union) and horizontal ones (e.g., increasingly independent courts and central banks). Yet these developments are far from uniform and demonstrate that there may be different responses to the political challenges faced by contemporary Western democracies.
| Author | : Laura Ervo |
| Publisher | : Springer Nature |
| Total Pages | : 311 |
| Release | : 2021-08-01 |
| Genre | : Law |
| ISBN | : 3030748510 |
This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.
| Author | : Håkon Evju |
| Publisher | : BRILL |
| Total Pages | : 331 |
| Release | : 2019-07-08 |
| Genre | : Political Science |
| ISBN | : 9004394060 |
What was the role of historical thought and historical inquiry in debates over reform during the Enlightenment? In Ancient Constitutions and Modern Monarchy, Håkon Evju addresses this issue by considering the case of eighteenth-century Denmark-Norway. He argues that historians contributed crucially to the rethinking of Dano-Norwegian absolutism in the face of a shift towards commercial society. Their vision of an ancient Nordic constitution helped recast the monarchy as moderate and influenced debates over agricultural improvements in Denmark and Norway. In an innovative comparative analysis, Evju demonstrates how notions of a common political past were used differently in the two kingdoms. Yet in both cases, such appeals to tradition were vital in controversies over monarchical reform politics during the Enlightenment.
| Author | : Alyson J. K. Bailes |
| Publisher | : Oxford University Press |
| Total Pages | : 460 |
| Release | : 2006 |
| Genre | : History |
| ISBN | : 9780199290840 |
In 1999 the EU decided to develop its own military capacities for crisis management. This book brings together a group of experts to examine the consequences of this decision on Nordic policy establishments, as well as to shed new light on the defence and security issues that matter for Europe as a whole.
| Author | : Bianca Selejan-Gutan |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 246 |
| Release | : 2016-04-21 |
| Genre | : Law |
| ISBN | : 1782259589 |
In December 1989, Romania became the last Eastern European communist country to break with its communist dictatorship, the most powerful in the region at the time. It has struggled ever since to overcome the transition to democracy and to become a 'full-time' member of the Western democratic community of states. This book provides a contextual analysis of the Romanian constitutional system, with references to the country's troubled constitutional history and to the way in which legal transplantation has been used. The Constitution's grey areas, as well as the gap between the written constitution and the living one, will also be explained through the prism of recent events that cast a negative shadow upon the democratic nature of the Romanian constitutional system. The first chapters present a brief historical overview and an introduction to Romanian constitutional culture, as well as to the principles and general features of the 1991 Constitution. The chapters which follow explain the functioning of the institutions and their interrelations-Parliament, the President, the Government and the courts. The Constitutional Court has a special place in the book, as do local government and the protection of fundamental rights. The last chapter refers to the mechanisms and challenges of constitutional change and development.
| Author | : Juan F. Gonzalez-Bertomeu |
| Publisher | : Routledge |
| Total Pages | : 297 |
| Release | : 2016-04-20 |
| Genre | : Law |
| ISBN | : 1317026209 |
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
| Author | : Cynthia Levinson |
| Publisher | : Peachtree Publishers |
| Total Pages | : 239 |
| Release | : 2017-09-01 |
| Genre | : Juvenile Nonfiction |
| ISBN | : 1682630242 |
Many of the political issues we struggle with today have their roots in the US Constitution. Husband-and-wife team Cynthia and Sanford Levinson take readers back to the creation of this historic document and discuss how contemporary problems were first introduced—then they offer possible solutions. Think Electoral College, gerrymandering, even the Senate. Many of us take these features in our system for granted. But they came about through haggling in an overheated room in 1787, and we’re still experiencing the ramifications. Each chapter in this timely and thoughtful exploration of the Constitution’s creation begins with a story—all but one of them true—that connects directly back to a section of the document that forms the basis of our society and government. From the award-winning team, Cynthia Levinson, children’s book author, and Sanford Levinson, constitutional law scholar, Fault Lines in the Constitution will encourage exploration and discussion from young and old readers alike.
| 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.
