Adding Bite To The Bark
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Constitutionalism under Stress
Author | : Uladzislau Belavusau |
Publisher | : Oxford University Press |
Total Pages | : 367 |
Release | : 2020-09-10 |
Genre | : Law |
ISBN | : 0192633708 |
Constitutionalism under Stress reflects on comparative constitutionalism in Central and Eastern Europe through the lens of leading legal scholar Professor Wojciech Sadurski, whose writings have anticipated and scrutinized the current decline of liberal democracies and populist challenges to the rule of law in the region. Sadurski's work has chronicled the transition from concern for the most basic of human rights under authoritarian rule to the challenges of democratic governance. The compelling rights discourse of an earlier period gave way to claims of abuse of majoritarian prerogatives as the hopes of liberal democracy encountered the power of illiberalism. The theoretical responses offered for the preservation of liberal democracy, in light of the current turbulence regarding the rule of law in the region, produces a far reaching and effective reference tool on matters of constitutional capture and illiberal democracy.
Constitutionalism and the Rule of Law
Author | : Maurice Adams |
Publisher | : Cambridge University Press |
Total Pages | : 559 |
Release | : 2017-02-02 |
Genre | : Law |
ISBN | : 1107151856 |
An exploration of how rule of law and constitutional ideals inform, and are informed by, political realities.
European Sovereignty, Legitimacy, and Power
Author | : Bart M.J. Szewczyk |
Publisher | : Routledge |
Total Pages | : 249 |
Release | : 2020-12-23 |
Genre | : Political Science |
ISBN | : 1000293084 |
This book shows how the EU’s dual sovereignty–legitimacy problem can be resolved through the political concept of European citizenship, which can serve both to define the scope of European sovereignty and to justify EU power beyond national democracy. It reconceptualizes the EU’s legitimacy problem and demonstrates how sources of legitimacy can be identified and give rise to European sovereignty. It argues that sovereignty should be based on the will of citizens acting through various political bodies within the EU—city halls, regional entities, national governments, and EU institutions—and develops a general theory, arguably applicable to any political order. The EU is an unprecedented political project that is in tension with traditional forms of state legitimation based on national democracy, as nationalists and populists throughout Europe often make clear. Against this backdrop, the book fully articulates the notion of European sovereignty and argues that the EU’s sources of legitimacy are based on European citizenship and national democracy. This book will be of key interest to scholars and students of EU politics, European integration, international institutions, and international relations.
The Enforcement of EU Law and Values
Author | : András Jakab |
Publisher | : Oxford University Press |
Total Pages | : 715 |
Release | : 2017-04-07 |
Genre | : Law |
ISBN | : 0191063517 |
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
Reinforcing Rule of Law Oversight in the European Union
Author | : Carlos Closa |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2016-10-13 |
Genre | : Law |
ISBN | : 1107108888 |
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Clarendon and Whitlock compar'd. To which is ... added a Comparison between the History of the Rebellion and other Histories of the Civil War, proving ... that the Editors of the Lord Clarendon's History, have hardly left one fact, or one character on the Parliament side fairly represented; that the Characters are all Satire, or panegyrick ... By the author of the Critical History of England [J. Oldmixon], etc
Author | : Edward Hyde Earl of Clarendon |
Publisher | : |
Total Pages | : 420 |
Release | : 1727 |
Genre | : |
ISBN | : |