Constitutionalism and the Enlargement of Europe

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Release : 2012-07-26
Genre : Law
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Book Rating : 086/5 ( reviews)

Constitutionalism and the Enlargement of Europe - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutionalism and the Enlargement of Europe write by Wojciech Sadurski. This book was released on 2012-07-26. Constitutionalism and the Enlargement of Europe available in PDF, EPUB and Kindle. After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention. In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.

Constitutionalism and the Enlargement of Europe

Download Constitutionalism and the Enlargement of Europe PDF Online Free

Author :
Release : 2012-07-26
Genre : Law
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Book Rating : 780/5 ( reviews)

Constitutionalism and the Enlargement of Europe - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutionalism and the Enlargement of Europe write by Wojciech Sadurski. This book was released on 2012-07-26. Constitutionalism and the Enlargement of Europe available in PDF, EPUB and Kindle. Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.

Spreading Democracy and the Rule of Law?

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Release : 2006-07-30
Genre : Law
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Book Rating : 429/5 ( reviews)

Spreading Democracy and the Rule of Law? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Spreading Democracy and the Rule of Law? write by Wojciech Sadurski. This book was released on 2006-07-30. Spreading Democracy and the Rule of Law? available in PDF, EPUB and Kindle. The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?

European Constitutionalism Beyond the State

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Release : 2003-09-04
Genre : Law
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Book Rating : 712/5 ( reviews)

European Constitutionalism Beyond the State - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook European Constitutionalism Beyond the State write by J. H. H. Weiler. This book was released on 2003-09-04. European Constitutionalism Beyond the State available in PDF, EPUB and Kindle. Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.

The Worlds of European Constitutionalism

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Release : 2011-10-13
Genre : Political Science
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Book Rating : 925/5 ( reviews)

The Worlds of European Constitutionalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Worlds of European Constitutionalism write by Gráinne de Búrca. This book was released on 2011-10-13. The Worlds of European Constitutionalism available in PDF, EPUB and Kindle. The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, in both the EU's internal and its external relations. The book culminates in a dialogical epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike.