Democratic Constitutionalism In India And The European Union
Download Democratic Constitutionalism In India And The European Union full books in PDF, epub, and Kindle. Read online free Democratic Constitutionalism In India And The European Union ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Philipp Dann |
Publisher | : Edward Elgar Publishing |
Total Pages | : 320 |
Release | : 2021-02-26 |
Genre | : Law |
ISBN | : 178990157X |
Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.
Author | : Sacha Garben |
Publisher | : Bloomsbury Publishing |
Total Pages | : 604 |
Release | : 2019-11-14 |
Genre | : Law |
ISBN | : 1509933263 |
This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the array of existing scholarship and debate by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal.
Author | : Andrew Arato |
Publisher | : |
Total Pages | : 377 |
Release | : 2018 |
Genre | : Cultural pluralism |
ISBN | : 9780231187022 |
In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state, discussing their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century and their capacity to deal with deep societal differences.
Author | : Sudhir Krishnaswamy |
Publisher | : Oxford University Press |
Total Pages | : 338 |
Release | : 2010-11-03 |
Genre | : Law |
ISBN | : 0199088446 |
The basic strucure doctrine articulated by the Indian Supreme Court in 1973 made it amply clear that the basic features of the Constitution must remain inviolable. The doctrine has generatd serious debates ever since as it placed substantive and procedural limits on the amending powers of the Execuive. Despite the lack of clarity as to its nature, the scope of the doctrine has been broadened in recent years, and a wide range of state actions are covered in its purview. In this book, Krishnaswamy analyses its legitimacy in legal, moral and sociological terms, and argues that the doctrine has emerged from a valid interpretation of the constituitional provisions. This book will be of interest to scholars of Indian Constitutional law, political theory and jurisprudence as well as judges and legal practitioners.
Author | : Tom Ginsburg |
Publisher | : University of Chicago Press |
Total Pages | : 306 |
Release | : 2018-10-05 |
Genre | : Law |
ISBN | : 022656438X |
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Author | : Armin von Bogdandy |
Publisher | : Oxford University Press |
Total Pages | : 337 |
Release | : 2024-03-06 |
Genre | : Law |
ISBN | : 0198909365 |
Many Europeans struggle to understand where EU-centred Europeanization has led them. The standard response - that their situation is sui generis, one of a kind - no longer holds. Brexit, conflicts over European financial transfers, immigration, or dubious judicial reforms in some Member States demand a more substantial answer. Against that background, The Emergence of European Society Through Public Law: A Hegelian and Anti-Schmittian Approach frames European integration by reconstructing European public law in light of Article 2 of the Treaty on European Union (TEU). According to Article 2, all Europeans today are part of one society. European integration may not have produced a European federal state, but it has helped create a European society. This society is intimately interwoven with European public law, as the Treaty characterizes it with 12 constitutional principles. The book interprets this statement as the manifesto, identity, and constitutional core of a democratic society. Thus, Europeans should understand that European integration has ushered in a European democratic society. Comprehensive and engaging, The Emergence of European Society Through Public Law examines the great debates of European public law and presents them in a new and forward-looking reconstruction. This new narrative of European legal integration will appeal to academics and students of EU law, constitutional and comparative law, sociology, political science, and legal history. The Emergence of European Society Through Public Law is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.
Author | : Mark A. Graber |
Publisher | : Oxford University Press |
Total Pages | : 737 |
Release | : 2018-08-23 |
Genre | : Law |
ISBN | : 0190888997 |
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Author | : Martin Conway |
Publisher | : |
Total Pages | : 296 |
Release | : 2024-02-28 |
Genre | : History |
ISBN | : 1009370839 |
Social justice has returned to the heart of political debate in present-day Europe. But what does it mean in different national histories and political regimes, and how has this changed over time? This book provides the first historical account of the evolution of notions of social justice across Europe since the late nineteenth century. Written by an international team of leading historians, the book analyses the often-divergent ways in which political movements, state institutions, intellectual groups, and social organisations have understood and sought to achieve social justice. Conceived as an emphatically European analysis covering both the eastern and western halves of the continent, Social Justice in Twentieth-Century Europe demonstrates that no political movement ever held exclusive ownership of the meaning of social justice. Conversely, its definition has always been strongly contested, between those who would define it in terms of equality of conditions, or of opportunity; the security provided by state authority, or the freedom of personal initiative; the individual rights of a liberal order, or the social solidarities of class, nation, confession, or Volk.
Author | : Supriya Routh |
Publisher | : Cambridge University Press |
Total Pages | : 257 |
Release | : 2024-06-30 |
Genre | : Law |
ISBN | : 1009445332 |
Offers a novel take on the purpose of labour law and connects constitutional ideals with the objective of labour law.
Author | : Jamie Mayerfeld |
Publisher | : University of Pennsylvania Press |
Total Pages | : 320 |
Release | : 2016-05-27 |
Genre | : Law |
ISBN | : 0812248163 |
Jamie Mayerfeld defends international human rights law as an extension of domestic checks and balances and therefore necessary to constitutional government. The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the United States.