National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

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 i...

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Được phát hành: Springer Nature 2021
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collection Directory of Open Access Books
description 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.
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spelling doab-20.500.12854ir-297712025-07-21T15:57:40Z National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law Albi, Anneli Bardutzky, Samo Law Constitutional law Law—Europe International criminal law Human rights Law—Philosophy Law thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights thema EDItEUR::L Law::LA Jurisprudence and general issues thema EDItEUR::L Law::LB International law thema EDItEUR::L Law::LB International law::LBB Public international law::LBBZ Public international law: criminal law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights thema EDItEUR::L Law::LA Jurisprudence and general issues thema EDItEUR::L Law::LB International law thema EDItEUR::L Law::LB International law::LBB Public international law::LBBZ Public international law: criminal law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general 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. 2021-02-10T13:35:30Z 2021-02-10T13:35:30Z 2020-03-18 13:36:15 2020-04-01T08:53:37Z 2019 book 1007320 OCN: 1166167106 http://library.oapen.org/handle/20.500.12657/22841 https://directory.doabooks.org/handle/20.500.12854/29771 eng open access image/jpeg image/jpeg image/jpeg n/a n/a n/a https://library.oapen.org/bitstream/20.500.12657/22841/1/1007320.pdf https://library.oapen.org/bitstream/20.500.12657/22841/1/1007320.pdf https://library.oapen.org/bitstream/20.500.12657/22841/1/1007320.pdf Springer Nature 10.1007/978-94-6265-273-6 10.1007/978-94-6265-273-6 9fa3421d-f917-4153-b9ab-fc337c396b5a 1522 The Hague open access
spellingShingle Law
Constitutional law
Law—Europe
International criminal law
Human rights
Law—Philosophy
Law
thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights
thema EDItEUR::L Law::LA Jurisprudence and general issues
thema EDItEUR::L Law::LB International law
thema EDItEUR::L Law::LB International law::LBB Public international law::LBBZ Public international law: criminal law
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general
thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights
thema EDItEUR::L Law::LA Jurisprudence and general issues
thema EDItEUR::L Law::LB International law
thema EDItEUR::L Law::LB International law::LBB Public international law::LBBZ Public international law: criminal law
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
title National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
title_full National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
title_fullStr National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
title_full_unstemmed National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
title_short National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
title_sort national constitutions in european and global governance democracy rights the rule of law
topic Law
Constitutional law
Law—Europe
International criminal law
Human rights
Law—Philosophy
Law
thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights
thema EDItEUR::L Law::LA Jurisprudence and general issues
thema EDItEUR::L Law::LB International law
thema EDItEUR::L Law::LB International law::LBB Public international law::LBBZ Public international law: criminal law
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general
thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights
thema EDItEUR::L Law::LA Jurisprudence and general issues
thema EDItEUR::L Law::LB International law
thema EDItEUR::L Law::LB International law::LBB Public international law::LBBZ Public international law: criminal law
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general
topic_facet Law
Constitutional law
Law—Europe
International criminal law
Human rights
Law—Philosophy
Law
thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights
thema EDItEUR::L Law::LA Jurisprudence and general issues
thema EDItEUR::L Law::LB International law
thema EDItEUR::L Law::LB International law::LBB Public international law::LBBZ Public international law: criminal law
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general
thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights
thema EDItEUR::L Law::LA Jurisprudence and general issues
thema EDItEUR::L Law::LB International law
thema EDItEUR::L Law::LB International law::LBB Public international law::LBBZ Public international law: criminal law
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general
url 1007320