Download or read book National Constitutions in European and Global Governance Democracy Rights the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Legal Developments During 30 Years of Lithuanian Independence written by Gintaras Švedas and published by Springer Nature. This book was released on 2020-10-17 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an overview of selected major areas of legal and institutional development in Lithuania since the Restoration of Independence in 1990. The respective chapters discuss changes in fields varying from the constitutional framework to criminal law and procedure. The content highlights four major aspects of the fundamental changes that have affected the entire legal system: the Post-Soviet country’s complex historical heritage; socio-political and other conditions in the process of adopting new (rule of law) standards; international legal influences on the national legal order over the past 30 years; and finally, the search for entirely new national legal models. Over a period of 30 years since gaining its independence from the Soviet Union, Lithuania has undergone unique social changes. The state restarted its independent journey burdened by the complicated heritage of the Soviet legal system. Some major reforms have taken place swiftly, while others have required years of thorough analysis of societal needs and the search for optimal examples in other states. The legal system is now substantially different, with some elements being entirely new, and others adapted to present needs.

Download or read book Rulings and Decisions of the Constitutional Court of the Republic of Lithuania written by Lithuania. Konstitucinis Teismas and published by . This book was released on 2009 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Courts and European Integration written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2005-01-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a continent where a majority of states are members of the European Union, the supremacy of law can no longer be understood without respect for the supremacy of supranational law. The implementation of this basic principle, deriving from the European Community legal order, from a constitutional point of view poses problems which have not been resolved in a uniform manner. This volume contains seventeen reports which demonstrate how these issues have been dealt with by different legal Systems in Europe.

Download or read book Rationing the Constitution written by Andrew Coan and published by Harvard University Press. This book was released on 2019-04-29 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

Download or read book The Law of the Baltic States written by Tanel Kerikmäe and published by Springer. This book was released on 2017-04-05 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to present the law of the Baltic States in one comprehensive and coherent volume in English. The Baltic States region, which was incorporated by the Soviet Union for 50 years and now is the only such territory in the EU, continues to be characterized by a number of unique traits, problems and developmental trends. This book addresses these facets of law – the status quo, problems and trends – by adopting a comparative perspective structure for all three Baltic States (divided into three main parts – Estonia, Latvia and Lithuania). Each of these parts examines similar core aspects: General Frameworks, Public Law, and Private Law. Taking into account the peculiarities of each country, the individual chapters provide analyses of principles, problems and developments in specific legal branches. The authors of the book are recognized academics and professionals in the field of law. Taken together, their contributions offer a valuable tool and resource for anyone interested in the law of the Baltic States: students, legal practitioners, scholars, administrators, etc.

Download or read book Higher Education System Reform written by and published by BRILL. This book was released on 2019-04-04 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bologna Declaration started the development of the European Higher Education Area. The ensuing Bologna Process has run for already 20 years now. In the meantime many higher education systems in Europe have been reformed – some more drastically than others; some quicker than others; some with more resistance than others. In the process of reform the initial (six) goals have sometimes been forgotten or sometimes been taken a step further. The context too has shifted: while the European Union in itself has expanded, the voice for exit has also been heard more frequently. Higher Education System Reform: An international comparison after Twenty Years of Bologna critically describes and analyses 12 Higher Education Systems from the perspective of four major questions: What is currently the situation with regard to the six original goals of Bologna? What was the adopted path of reform? Which were the triggering (economic, social, political) factors for the reform in each specific country? What was the rationale/discourse used during the reform? The book comparatively analyses the different systems, their paths of reforms and trajectories, and the similarities and the differences between them. At the same time it critically assesses the current situation on higher education in Europe, and hints towards a future policy agenda. Contributors are: Tommaso Agasisti, Bruno Broucker, Martina Dal Molin, Kurt De Wit, Andrew Gibson, Ellen Hazelkorn, Gergely Kovats, Liudvika Leišytė, Lisa Lucas, António Magalhães, Sude Peksen, Rosalind Pritchard, Palle Rasmussen, Anna-Lena Rose, Christine Teelken, Eva M. de la Torre, Carmen Perez-Esparrells, Jani Ursin, Amélia Veiga, Jef C. Verhoeven, Nadine Zeeman, and Rimantas Želvys.

Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

Download or read book The Constitution in Conflict written by Robert A. Burt and published by Harvard University Press. This book was released on 1992 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.

Download or read book Economic Innovations and Technological Developments in HRM written by Kurnaz, Salim and published by IGI Global. This book was released on 2024-09-19 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's rapidly evolving world, the field of Human Resources Management (HRM) faces unprecedented challenges, exacerbated by the transformative impacts of economic innovations, technological advancements, and the global Covid-19 pandemic. Academic scholars grapple with understanding and navigating these complexities, seeking comprehensive resources to illuminate the theoretical underpinnings and practical implications of modern HRM practices. However, amidst the vast array of studies and evolving paradigms, there exists a pressing need for a consolidated source that not only elucidates the foundational principles of HRM but also delves into its contemporary applications and future trajectories. Economic Innovations and Technological Developments in HRM emerges as a definitive solution to this pervasive problem, offering a comprehensive guide and reference for scholars navigating the intricate landscape of HRM theory and practices. By synthesizing existing research and examining the transformative impacts of economic innovations, technological advancements, and the Covid-19 pandemic on HRM, this book provides invaluable insights into the evolving nature of employee management strategies and organizational dynamics.

Download or read book Consequential Courts written by Diana Kapiszewski and published by Cambridge University Press. This book was released on 2013-04-08 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.

Download or read book The Occurrence of Separate Opinions at the Federal Constitutional Court written by Caroline Wittig and published by Logos Verlag Berlin GmbH. This book was released on 2016-12-31 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts with the right to constitutional review exert considerable power in a political system. However, especially for Kelsenian constitutional courts there are hardly any large-N studies. This is mainly due to a lack of data. For the German Federal Constitutional Court, this gap has been closed by building a novel database, the development of which is depicted in this book. Employing data from this database, the occurrence of separate opinions in general and their different types in particular are analyzed. The book introduces a new, universal theory that reconciles and expands existing explanations. In a second step, the theory is applied to the German Federal Constitutional Court. It can be proven that one factor that has been neglected so far plays a decisive role: The judges' behavior depends on the profession they pursue after their time in office. Moreover, the study shows that - contrary to the common literature - it is not mainly the topic that determines a case's conflict potential but rather the number of issues a decision has to address.

Download or read book Judicial Dissent in European Constitutional Courts written by Katalin Kelemen and published by Routledge. This book was released on 2017-09-28 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion attached to the judgment of the court. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. It discusses the theoretical background, presents the history of the institution and today’s practice, thus laying down the basis for an accurate consideration of the phenomenon from a legal perspective.

Download or read book The Jurisprudence of Constitutional Conflict in the European Union written by Ana Bobić and published by Oxford University Press. This book was released on 2022-05-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and comprehensive account of the jurisprudence of constitutional conflict between the Court of Justice and national courts with the power of constitutional review. This monograph addresses the incidences of, and reasons for, constitutional clashes in the application and enforcement of EU law. It aims to determine how the principle of primacy of EU law works in reality and whether the jurisprudence of the courts under analysis supports this concept. To this end, the book explores the three areas of constitutional conflict: ultra vires review, identity review, and fundamental rights review. The book substantiates the descriptive and strengthens the normative contributions of the theory of constitutional pluralism in relation to the web of relations in the European judicial space. By examining the influence that the jurisprudence of constitutional conflict has on the balance of powers between the Court of Justice and constitutional courts, the volume develops the judicial triangle as an analytical tool that depicts the consequences for the horizontal (constitutional courts vis-à-vis the Court of Justice) and vertical judicial relationships (Court of Justice vis-à-vis ordinary national courts; constitutional courts vis-à-vis ordinary national courts). By offering a thorough compilation of the jurisprudence of constitutional conflict in the EU, The Jurisprudence of Constitutional Conflict in the European Union improves our understanding of the principle of primacy of EU law and its limits, as well as reinforces the theory of constitutional pluralism in explaining and guiding judicial power relations and interactions in the EU.

Download or read book Jahrbuch des Offentlichen Rechts der Gegenwart Neue Folge written by Peter Haberle and published by Mohr Siebeck. This book was released on 1996-12-31 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: