Overview
- A key comparative reference bookwith each report systematically structured to cover the same themes
- Each report contains constitutional amendmentsconstitutional challenges to the Data Retention Directivethe European Arrest Warrantthe ESM Treatyausterity casesjudicial review and democratic control in global governance
- This book takes a bottom-up approach and makes available case law and constitutional debates in the Member Statesincluding those that are considered more peripheral
- The national reports contain a wealth of assessments and practical policy recommendations from constitutional experts
- The above-mentioned policy recommendations regard how some of the challenges in the European constitutional and judicial dialogues could be addressed
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About this book
This two-volume bookpublished open accessbrings 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. Firstit explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondlyit revisits substantive constitutional valuessuch as the protection of constitutional rightsthe rule of lawdemocratic participation and constitutional reviewalong with constitutional court judgments that tackle the protection of these rights and values in the transnational contexte.g. with regard to the Data Retention Directivethe European Arrest Warrantthe ESM Treatyand EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and valuesalong with the standard of protectionis also assessed. Thirdlychallenges in the context of global governance in relation to judicial reviewdemocratic control and accountability are examined. On a broader levelthe contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalismor a shift to a thin version of the rule of lawdemocracy and judicial review in the context of Europeanisation and globalisation processes.
The national reports are complemented by a separately published comparative studywhich 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 scholarsresearchersjudges 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 KentUnited Kingdom.
Samo Bardutzky is Assistant Professor of Constitutional Law at the University of LjubljanaSlovenia.
The national reports are complemented by a separately published comparative studywhich 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 scholarsresearchersjudges 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 KentUnited Kingdom.
Samo Bardutzky is Assistant Professor of Constitutional Law at the University of LjubljanaSlovenia.
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Table of contents (32 chapters)
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Front Matter
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Introduction
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Front Matter
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Political or Historical Constitutions: The Predominance of Parliament with the Absence of or a Weak Role for a Constitutional Courtand a Generic or ECHR-Based Bill of Rights
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Front Matter
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The Post-Totalitarian or Post-Authoritarian Constitutions of the ‘Old’ Member States: An Extensive Bill of RightsRule of Law Safeguards and Constitutional Review by a Constitutional Court
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Front Matter
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The Post-Totalitarian Constitutions of the ‘New’ Member States from the Post-Communist Area: A Detailed Bill of RightsRule of Law Safeguards and Constitutional Review Entrenched after the Recent Memory of Arbitrary Exercise of Power
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Front Matter
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Editors and Affiliations
About the editors
Anneli Albi is Professor of European Law at the University of KentUnited Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of LjubljanaSlovenia.
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Bibliographic Information
Book Title: National Constitutions in European and Global Governance: DemocracyRightsthe Rule of Law
Book Subtitle: National Reports
Editors: Anneli AlbiSamo Bardutzky
DOI: https://doi.org/10.1007/978-94-6265-273-6
Publisher: T.M.C. Asser Press The Hague
eBook Packages: Law and CriminologyLaw and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s) 2019
Hardcover ISBN: 978-94-6265-272-9Published: 13 June 2019
eBook ISBN: 978-94-6265-273-6Published: 29 May 2019
Edition Number: 1
Number of Pages: XXIV1522
Number of Illustrations: 1 illustrations in colour
Topics: Constitutional Law European Law International Criminal Law Human Rights Fundamentals of Law