Download or read book Constitutional Disintegration and Disruption written by Oliver Garner and published by . This book was released on 2020 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis analyses constitutional disintegration and disruption in the European Union. These phenomena take the form of Member State withdrawal and opt-outs. The supranational constitutional order of the European Union is legitimated by individuals as Member State nationals and citizens of the European Union. Its construction and reconstruction are exercises of constituent power by the representatives of the Member States. Withdrawal through Article 50 TEU functions as a guarantee to nationals of the Member States that constituent power can be repatriated. The process of disintegration is subject to an orderly process in the interests of all EU citizens under the withdrawal clause. Opt-outs are reservations of constituent power by individual Member States made possible by the executive dominated process of treaty amendment. Opt-outs take effect through ad hoc Protocols addended to the Treaties that disapply EU law in certain sectors. The origins and development of withdrawal and opt-outs are analysed through the Brexit case study of disintegration, and the narrative of disrupted integration concerning the United Kingdom, Denmark, and Ireland. Disintegration through withdrawal has more dramatic consequences for individuals. The constituent status of EU citizenship is terminated for former Member State nationals and the territory of application for EU law contracts. Opt-outs disrupt supranational constitutionalism and the symmetry between individuals as democratic subjects and juridical objects qua Member State nationals and EU citizens. The thesis concludes with reform proposals for a dedicated constitutional clause that would subject the creation and maintenance of opt-outs to supranational constraints. Amendments to the text of Article 50 TEU are proposed to realise its telos to provide a sovereign right of withdrawal for Member State nationals whilst ensuring an orderly process for all EU citizens.
Download or read book Disintegration and Constitution written by Anirban Kashyap and published by . This book was released on 1990 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutionalism under Stress written by Uladzislau Belavusau and published by Oxford University Press. This book was released on 2020-09-10 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Law and Politics of Brexit written by Federico Fabbrini and published by Oxford University Press. This book was released on 2021 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis of the new framework of relationship between the United Kingdom (UK) and the European Union (EU) applicable since 1st January 2021, following the end of the Brexit transition period and the entry into force of the EU-UK Trade & Cooperation Agreement (TCA), concluded on Christmas Eve 2020. The book contextualizes the new framework of EU-UK relations, including the ongoing challenges of implementing the Withdrawal Agreement (WA), and sheds light on the new mechanisms for EU-UK cooperation both in the economic domain including free movement of goods, financial services, and mobility of persons, and in the security domain including law enforcement, defence, and data protection. The work underlines the profound differences between the new status quo compared to the legal framework applicable when the UK was still an EU member state including end of free movement of persons, financial passporting, and cooperation in foreign affairs and defence, and reflects on what the latest stage in the Brexit process means for governance, sovereignty, and the future of European integration.
Download or read book Constitutional Challenges in the Algorithmic Society written by Hans-W. Micklitz and published by Cambridge University Press. This book was released on 2021-12-02 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.
Download or read book The Law Politics of Brexit Volume III written by Federico Fabbrini and published by Oxford University Press. This book was released on 2021-09-30 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis of the new framework of relationship between the United Kingdom (UK) and the European Union (EU) applicable since 1st January 2021, following the end of the Brexit transition period and the entry into force of the EU-UK Trade & Cooperation Agreement (TCA), concluded on Christmas Eve 2020. The book contextualizes the new framework of EU-UK relations, including the ongoing challenges of implementing the Withdrawal Agreement (WA), and sheds light on the new mechanisms for EU-UK cooperation both in the economic domain including free movement of goods, financial services, and mobility of persons, and in the security domain including law enforcement, defence, and data protection. The work underlines the profound differences between the new status quo compared to the legal framework applicable when the UK was still an EU member state including end of free movement of persons, financial passporting, and cooperation in foreign affairs and defence, and reflects on what the latest stage in the Brexit process means for governance, sovereignty, and the future of European integration.
Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Download or read book Poland s Constitutional Breakdown written by Wojciech Sadurski and published by Oxford Comparative Constitutio. This book was released on 2019-05-16 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.
Download or read book Yugoslavia written by Dejan Jović and published by Purdue University Press. This book was released on 2009 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book examines the emergence, implementation, crisis and the breakdown of the fourth (Kardelj's) constitutive concept of Yugoslavia (1974-1990), and relations between anti-statist ideology of self-management and the actual collapse of state institutions. Based on interviews with key members of former Yugoslavia's political elite, documents, and other primary sources, the book reconstructs the elite's motives and reasons for the actions that led to state collapse. Contrary to the dominant explanation of the collapse of Yugoslavia, the book argues that Yugoslavia did not collapse primarily because of the complexity of its ethnic structure, of changes in the international environment, or of a deep economic crisis. Although these factors provided the context in which the elite operated, it was the elite's perception of these problems that decisively influenced their decisions."--BOOK JACKET.
Download or read book Disruptions written by Alan Cairns and published by Toronto, Ont. : McClelland & Stewart. This book was released on 1991 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Foreign Affairs and the EU Constitution written by Robert Schütze and published by Cambridge University Press. This book was released on 2014-10-16 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.
Download or read book The Constitutional Origins of the American Civil War written by Michael F. Conlin and published by Cambridge University Press. This book was released on 2019-07-18 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
Download or read book The Silence of Constitutions Routledge Revivals written by Michael Foley and published by Routledge. This book was released on 2013-01-11 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1989, Michael’s Foley’s book deals with the ‘abeyances’ present in both written and unwritten constitutions, arguing that these gaps in the explicitness of a constitution, and the various ways they are preserved, provide the means by which constitutional conflict is continually postponed. Abeyances are valuable, therefore, not in spite of their obscurity, but because of it.
Download or read book The natural and artificial disintegration of the elements written by Ernest Rutherford and published by Good Press. This book was released on 2023-07-10 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The natural and artificial disintegration of the elements" by Ernest Rutherford. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.
Download or read book Proposals of the National Council for Amendments to the Constitution of India written by Communist Party of India. National Council and published by . This book was released on 1976 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Structure of Matter written by John Arnold Cranston and published by . This book was released on 1924 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Breakdown Breakup Breakthrough written by Carl F. Lankowski and published by Berghahn Books. This book was released on 1999 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume traces the difficult passage of German society to modernity offering new perspectives on the "German question," largely characterized by the absence of key ideological underpinnings of democracy in the early modern period and a constitutional exceptionalism on the eye of the twentieth century."--BOOK JACKET.
