Beyond Federal Dogmatics

Beyond Federal Dogmatics
Title Beyond Federal Dogmatics PDF eBook
Author Stef Feyen
Publisher Presses Universitaires de Louvain - UCL
Pages 280
Release 2013
Genre Law
ISBN 9058679381

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Feyen rethinks the framework within which the connection between EU law and national constitutional law can be understood.

The Enforcement of EU Law and Values

The Enforcement of EU Law and Values
Title The Enforcement of EU Law and Values PDF eBook
Author András Jakab
Publisher Oxford University Press
Pages 715
Release 2017-04-07
Genre Law
ISBN 0191063517

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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.

Rights-Based Constitutional Review

Rights-Based Constitutional Review
Title Rights-Based Constitutional Review PDF eBook
Author John Bell
Publisher Edward Elgar Publishing
Pages 463
Release 2016-04-29
Genre Law
ISBN 1784717614

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Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.

The Constitution of Belgium

The Constitution of Belgium
Title The Constitution of Belgium PDF eBook
Author Patricia Popelier
Publisher Bloomsbury Publishing
Pages 308
Release 2015-10-22
Genre Law
ISBN 1782259457

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The Belgian Constitution, once described as a model of consensus democracy, has now become an enigma in comparative federalism. On the one hand, it demonstrates features which suggest institutional instability as well as elements that enhance the probability of secession. On the other hand, Belgium continues to exist as a federal system, based upon linguistic bipolarity. This linguistic bipolarity dominates Belgian politics and has shaped the design of Belgium's institutions as well as the Constitution's fundamental organising principles: concepts of federalism, democracy, separation of powers, constitutionalism and the rule of law. In this book, the institutional structure and the principles governing the Belgian constitutional system are explained in the light of its historical, demographic and political context. Linguistic bipolarity and its historical evolution explain the establishment of the Belgian State structure as a dual federalism, with exclusive powers, instruments for consensus making and obstruction, and elements of confederal decision making. It also explains the evolution in the concept of principles of democracy and the rule of law. Besides describing the devolutionary process, the book also incorporates two other elements that have shaped the Belgian constitutional landscape: fundamental rights and Europeanisation.

Russian Law Journal

Russian Law Journal
Title Russian Law Journal PDF eBook
Author
Publisher Статут
Pages 208
Release
Genre
ISBN

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The “Russian Law Journal” (RLJ) magazine is one of the first English-language legal academic editions regularly published in Russia. It is an All-Russian interuniversity platform designed to promote Russian legal researches abroad. The magazine is meant for both Russian and foreign readers including major world legal libraries, academics and practicing lawyers. International editorial board and editorial team are represented by professors from leading world centers of legal education and legal science, like Harvard, Yale, Cambridge and La Sorbonne, as well as by scientists from Russian law schools (Moscow State University, Kutafin Moscow State Law University, Saint-Petersburg State University, Higher School of Economics).

Handbook on Legal Cultures

Handbook on Legal Cultures
Title Handbook on Legal Cultures PDF eBook
Author Sören Koch
Publisher Springer Nature
Pages 1171
Release 2023-05-30
Genre Law
ISBN 3031277457

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Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.

Nigeria Beyond Divorce

Nigeria Beyond Divorce
Title Nigeria Beyond Divorce PDF eBook
Author Sam Momah
Publisher African Books Collective
Pages 312
Release 2013
Genre Business & Economics
ISBN 9788431348

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Most Nigerians, when they talk about Nigeria, will always refer to her with bubbling jingoism as 'giant of Africa' or 'our great nation, Nigeria' but fail to ask 'giant of what?' Goodness or Evil? Productivity or Consumption? Success or Failure? Meritocracy or Mediocrity? Hollowness or Substance? Capturing the "mood of the nation" this book offers diagnosis on the country which are broad-based, instructive and well presented. Part I outlines the developmental stages of Nigeria while Part II gives an in depth diagnosis of the major problems besetting Nigeria, following Part III gives examples of nations and leadership traits Nigeria could emulate.