Evolution of constitutionalism in the selected states of Central and Eastern 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 Evolution of constitutionalism in the selected states of Central and Eastern Europe write by Krzysztof Prokop. This book was released on 2010. Evolution of constitutionalism in the selected states of Central and Eastern Europe available in PDF, EPUB and Kindle.
Rights Before Courts
Rights Before Courts - 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 Rights Before Courts write by Wojciech Sadurski. This book was released on 2005-02-21. Rights Before Courts available in PDF, EPUB and Kindle. Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny against the background of a wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. He shows that, in the region of Central and Eastern Europe, their record in protecting constitutional rights has been mixed, and their impact upon the vibrancy of democratic participation and public discourse about controversial issues often negative. Sadurski urges us to reconsider the frequently unthinking enthusiasm for the imposition of judicial limits upon constitutional democracy. In the end, his reflections go to the very heart of the fundamental dilemma of constitutionalism and political theory: how best to find the balance between constitutionalism and democracy? The lively, if imperfect, democracies in Central and Eastern Europe provide a fascinating terrain for raising this question, and testing traditional answers. This innovative, wide-ranging and thought-provoking book will become essential reading for scholars and students alike in the fields of comparative constitutionalism and political theory, particularly for those with an interest in legal and political developments in the postcommunist world
Constitutionalism and the Enlargement of Europe
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.
Białystok Law Books 7 Polish Constitutional Law
Białystok Law Books 7 Polish Constitutional 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 Białystok Law Books 7 Polish Constitutional Law write by Krzysztof Prokop. This book was released on 2011. Białystok Law Books 7 Polish Constitutional Law available in PDF, EPUB and Kindle.
Constitutional Evolution in Central and Eastern Europe
Constitutional Evolution in Central and Eastern 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 Constitutional Evolution in Central and Eastern Europe write by Alexander H.E. Morawa. This book was released on 2016-12-14. Constitutional Evolution in Central and Eastern Europe available in PDF, EPUB and Kindle. This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.
