The Transformation of EU Treaty Making

The Transformation of EU Treaty Making
Author: Dermot Hodson
Publisher: Cambridge University Press
Total Pages: 355
Release: 2018-08-09
Genre: Law
ISBN: 110711215X

Investigates the struggle between governments, parliaments, the people and courts over who participates in EU treaty making.

Treaties in Parliaments and Courts

Treaties in Parliaments and Courts
Author: Felix Lange
Publisher: Edward Elgar Publishing
Total Pages: 353
Release: 2024-03-14
Genre: Political Science
ISBN: 1035324350

Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.

The Role of Domestic Courts in Treaty Enforcement

The Role of Domestic Courts in Treaty Enforcement
Author: David Sloss
Publisher: Cambridge University Press
Total Pages: 657
Release: 2009-10-12
Genre: Law
ISBN: 052187730X

This title examines whether domestic courts in 12 countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.

Comparative Constitutional Design

Comparative Constitutional Design
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 407
Release: 2012-02-27
Genre: Law
ISBN: 1107020565

Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

Parliaments and the European Court of Human Rights

Parliaments and the European Court of Human Rights
Author: Alice Donald
Publisher: Oxford University Press
Total Pages: 369
Release: 2016
Genre: Law
ISBN: 0198734247

Through empirical assessment of the role of the parliaments of the UK, the Netherlands, Germany, Ukraine, and Romania, this book addresses the theme of how engaged parliaments are and should be, in the implementation of judgments of the European Court of Human Rights.

An Introduction to the Study of the Law of the Constitution

An Introduction to the Study of the Law of the Constitution
Author: A.V. Dicey
Publisher: Springer
Total Pages: 729
Release: 1985-09-30
Genre: Social Science
ISBN: 134917968X

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Sources of International Law

Sources of International Law
Author: Martti Koskenniemi
Publisher: Routledge
Total Pages: 575
Release: 2017-07-05
Genre: Law
ISBN: 1351548166

A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.

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.