Rethinking the Relationship between International, EU and National 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 Rethinking the Relationship between International, EU and National Law write by Lando Kirchmair. This book was released on 2024-03-14. Rethinking the Relationship between International, EU and National Law available in PDF, EPUB and Kindle. In view of the 'European sovereignty,' Kirchmair engages with the importance of EU external relations law and the need to structurally conceptualize how international agreements and customary international law relate to EU law. The book explores whether the European Court of Justice or national constitutional courts have the final say.
Rethinking the Relationship Between International, EU and National Law
Rethinking the Relationship Between International, EU and National 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 Rethinking the Relationship Between International, EU and National Law write by Lando Kirchmair. This book was released on 2024-03-06. Rethinking the Relationship Between International, EU and National Law available in PDF, EPUB and Kindle. The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.
Shifting Centres of Gravity in Human Rights Protection
Shifting Centres of Gravity in Human Rights Protection - 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 Shifting Centres of Gravity in Human Rights Protection write by Oddný Mjöll Arnardóttir. This book was released on 2016-02-26. Shifting Centres of Gravity in Human Rights Protection available in PDF, EPUB and Kindle. This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.
Transnational Law
Transnational 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 Transnational Law write by Miguel Maduro. This book was released on 2014-05-01. Transnational Law available in PDF, EPUB and Kindle. In this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. The effects of decisions, policies and political developments are having an increasingly wide-reaching impact. Nowhere is this more keenly felt than in the sphere of European Union law. This collection of essays contributes to the co-operative search for interpretative and normative grids needed in charting the contemporary legal landscape. Written by leading lawyers and legal philosophers, they examine the effects of law's de-nationalisation by placing European law in the context of transnational law and demonstrate how it forces us to rethink our basic legal concepts and propose an approach to transnational law beyond the dichotomy of national and international law.
Relocating the Rule of Law
Relocating 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 Relocating the Rule of Law write by Gianluigi Palombella. This book was released on 2008-12-18. Relocating the Rule of Law available in PDF, EPUB and Kindle. In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.
