Download or read book Verfassungsgerichtsbarkeit und Demokratie written by Tamara Ehs and published by Böhlau Verlag Wien. This book was released on 2017-02-13 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Verfassungsgerichte stehen derzeit als Mit- und Gegenspieler demokratischer Entscheidungen im Fokus. Ein Blick nach Polen, Ungarn oder hinsichtlich der Bundespräsidentschaftswahl nach Österreich zeigt das fragile Zusammenspiel von Verfassungsgerichtsbarkeit und Demokratie in einer Zeit, in der sich das politische Koordinatensystem verschiebt und »illiberale Demokratien« vermehrt Zuspruch finden. Die Autoren analysieren, welchen politischen Zugriffen Richter und Gerichte angesichts geänderter politischer Verhältnisse ausgesetzt sein und wie Verfassungsgerichte wiederum unter dem Deckmantel des angeblich unpolitischen Rechts Politik machen können. Die verschiedenen Rollen(zuschreibungen) der Gerichte haben sowohl auf die nationalstaatliche als auch auf die europäische Politik Auswirkungen.

Download or read book The Swiss Labyrinth written by Jan-Erik Lane and published by Routledge. This book was released on 2013-10-23 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: It can be argued that Switzerland has a peculiar set of political institutions, for example decentralized federalism, active referendum democracy, and La formule magique (grand coalition). This volume focuses upon the political and social outcomes of these institutions in the 1990s.

Download or read book Constitutionalism and the Role of Parliaments written by Katja S Ziegler and published by Bloomsbury Publishing. This book was released on 2007-06-07 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern constitutionalism has put a lot of hopes in parliaments but there is some consensus that these hopes have not been entirely fulfilled. At the same time, the role of parliaments in contemporary democracies continues to evolve as parliaments are faced with new challenges. How should they react to the new forms of executive and administrative action? Should they play a role in upholding judicial independence, although the latter is frequently seen as independence from parliament as well as the executive? How should they contribute to the protection of fundamental rights? The book aims at providing some answers to these questions by first setting the historic scene, giving a comparative overview of the modern history of a selection of major European deliberative institutions (UK, France, Germany and the European Parliament). The book then looks at themes around the doctrine of separation of powers, especially aspects of the relationship between parliament and the executive power and parliaments' role and attitude regarding the judiciary with a special focus on the independence of the judiciary in a comparative perspective.

Download or read book Democracy and Crisis written by Wolfgang Merkel and published by Springer. This book was released on 2018-03-08 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the public and scholarly debates on the challenges and problems of established democracies, such as a lack of participation, declining confidence in political elites, and the deteriorating capabilities of democratic institutions, this volume discusses the question whether democracy as such is in crisis. On the basis of the shared concept of embedded democracy, it develops a range of conceptual approaches to empirically analyzing the challenges of democracy and their potential transformation into crisis phenomena. The book is divided into three parts, the first of which highlights various aspects of political participation, such as political inequality in voting. In turn, Part II focuses on problems of political representation, while Part III assesses whether processes such as globalization, deregulation, and the withdrawal of the state from important policy areas have limited the political control and legitimacy of democratically elected governments.

Download or read book Limitations of National Sovereignty through European Integration written by Rainer Arnold and published by Springer. This book was released on 2016-02-25 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is “constitutional identity”, a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State’s power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).

Download or read book The Two Faces of Judicial Power written by Benjamin G. Engst and published by Springer Nature. This book was released on 2021-04-17 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows that constitutional courts exercise direct and indirect power on political branches through decision-making. The first face of judicial power is characterized by courts directing political actors to implement judicial decisions in specific ways. The second face leads political actors to anticipate judicial review and draft policies accordingly. The judicial–political interaction originating from both faces is herein formally modeled. A cross-European comparison of pre-conditions of judicial power shows that the German Federal Constitutional Court is a well-suited representative case for a quantitative assessment of judicial power. Multinomial logistic regressions show that the court uses directives when evasion of decisions is costly while accounting for the government’s ability to implement decisions. Causal analyses of the second face of judicial power show that bills exposed to legal signals are drafted accounting for the court. These findings re-shape our understanding of judicialization and shed light on a silent form of judicialization.

Download or read book The German Federal Constitutional Court written by Matthias Jestaedt and published by Oxford University Press. This book was released on 2020-03-05 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.

Download or read book Democracy in Its Essence written by Sara Lagi and published by Rowman & Littlefield. This book was released on 2020-10-07 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen is commonly associated with legal theory and philosophy of law. Democracy in Its Essence: Hans Kelsen as a Political Thinker instead investigates Kelsen’s democratic theory as it developed between the 1920s and 1950s, which challenged the existence of democracies in many different respects. Kelsen provided a critical reflection on the strengths and problems of living within a democratic system, while also defending it against a series of specific targets: from the Soviet regime and Bolshevism to European Fascisms, from religious-based conceptions of politics to those claiming a perfect identity between capitalism and classical liberal institutions, and chiefly against all those ideologies claiming to possess objective understanding of what true freedom and true democracy signify. By seeking what he defined as the “essence” and “value” of democracy, Kelsen elaborated a pluralist, relativist, constitutional, proceduralist, and liberal theory of representative democracy, characterized by a strong recall to the values of tolerance, responsibility, and respect toward “the other” as well as to the idea of politics as space for compromise. In this book, Sara Lagi reconstructs his political theory as a relevant contribution to the twentieth-century liberal-democratic tradition of thought, while representing a stimulating reflection on the meaning and implication of democracy both as a political system and as a form of co-existence.

Download or read book The Language of Constitutional Comparison written by Venter, Francois and published by Edward Elgar Publishing. This book was released on 2022-03-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings.

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 1997-12-31 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Political System of Germany written by Tom Mannewitz and published by Springer Nature. This book was released on 2023-07-07 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: The textbook introduces the self-understanding, institutional structure and practice of the political system of the Federal Republic of Germany. The work provides a problem-oriented overview of the basic constitutional and foreign policy decisions that have constituted German democracy; the political field of forces formed by interest groups, citizens' initiatives, parties and mass media; the political institutions at the federal, state and local levels; the social reach and administrative enforcement of political decisions; the political culture including the structure of the political ruling class. The new edition also addresses, among other things, the consequences of the Corona crisis for the political system, the changing party system and the crisis of the EU after the 2021 federal election.

Download or read book Constitutional Courts in the German States written by Werner Reutter and published by Springer Nature. This book was released on with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Max Planck Handbooks in European Public Law written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2020-03-12 with total page 1141 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.

Download or read book Principles of European Constitutional Law written by Armin von Bogdandy and published by Bloomsbury Publishing. This book was released on 2009-12-03 with total page 1179 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven

Download or read book The Cosmopolitan Constitution written by Alexander Somek and published by . This book was released on 2014 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.

Download or read book In Whose Name written by Armin von Bogdandy and published by OUP Oxford. This book was released on 2014-07-25 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

Download or read book Debates in German Public Law written by Hermann Pünder and published by A&C Black. This book was released on 2014-07-04 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Germany's Constitution - the Basic Law of 23 May 1949 - created a democratic constitution which, despite amendments, has held up over the years, even providing the legal basis for German reunification in 1990. When it was written, the Basic Law was initially regarded as a temporary solution which would last until a pan-German constitution could be created, but over the years it has grown to become a mainstay of post-war stability and has even become one of Germany's most successful exports. Foreign scholars are particularly interested in the German conception of fundamental rights and the mechanisms in place for enforcing them in the courts, as well as in Germany's federal structure. Making and applying administrative law and working alongside the system of EU law are also subjects of great interest. This book, developed by a group of scholars in honour of the 60th anniversary of the Basic Law, presents examples of fundamental aspects of current scholarly debate. The analyses found in this book present the latest scholarly discussions, specifically for a foreign audience, touching upon constitutional law, administrative law and the place of the Federal Republic within the system of European Union law, with constitutional law providing the constant framework.