Rule of Law and Fundamental Rights

Rule of Law and Fundamental Rights
Author :
Publisher : Springer
Total Pages : 275
Release :
ISBN-10 : 9783319245621
ISBN-13 : 3319245627
Rating : 4/5 (21 Downloads)

Synopsis Rule of Law and Fundamental Rights by : Alfredo Narváez Medécigo

This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.

Reinforcing Rule of Law Oversight in the European Union

Reinforcing Rule of Law Oversight in the European Union
Author :
Publisher : Cambridge University Press
Total Pages : 357
Release :
ISBN-10 : 9781107108882
ISBN-13 : 1107108888
Rating : 4/5 (82 Downloads)

Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa

This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

The Federalist Papers

The Federalist Papers
Author :
Publisher : Read Books Ltd
Total Pages : 420
Release :
ISBN-10 : 9781528785877
ISBN-13 : 1528785878
Rating : 4/5 (77 Downloads)

Synopsis The Federalist Papers by : Alexander Hamilton

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Constitutionalisation of Private Law

Constitutionalisation of Private Law
Author :
Publisher : BRILL
Total Pages : 145
Release :
ISBN-10 : 9789004148529
ISBN-13 : 9004148523
Rating : 4/5 (29 Downloads)

Synopsis Constitutionalisation of Private Law by : Thomas Barkhuysen

This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.

The Rule of Law

The Rule of Law
Author :
Publisher : Penguin UK
Total Pages : 236
Release :
ISBN-10 : 9780141962016
ISBN-13 : 0141962011
Rating : 4/5 (16 Downloads)

Synopsis The Rule of Law by : Tom Bingham

'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.

The Concept of the Rule of Law and the European Court of Human Rights

The Concept of the Rule of Law and the European Court of Human Rights
Author :
Publisher : Oxford University Press, USA
Total Pages : 273
Release :
ISBN-10 : 9780199671199
ISBN-13 : 0199671192
Rating : 4/5 (99 Downloads)

Synopsis The Concept of the Rule of Law and the European Court of Human Rights by : Geranne Lautenbach

1: Introduction 2: The Rule of Law Concept 3: Legality as a Concept in the Case Law 4: Judicial Safeguards 5: The Substantive Contents of Law 6: Democracy 7: Conclusion.

The Cambridge Companion to Comparative Constitutional Law

The Cambridge Companion to Comparative Constitutional Law
Author :
Publisher : Cambridge University Press
Total Pages : 653
Release :
ISBN-10 : 9781107167810
ISBN-13 : 1107167817
Rating : 4/5 (10 Downloads)

Synopsis The Cambridge Companion to Comparative Constitutional Law by : Roger Masterman

Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.

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

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
Author :
Publisher : Springer
Total Pages : 1522
Release :
ISBN-10 : 9789462652736
ISBN-13 : 9462652732
Rating : 4/5 (36 Downloads)

Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

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.

Rule of Law Dynamics

Rule of Law Dynamics
Author :
Publisher : Cambridge University Press
Total Pages : 401
Release :
ISBN-10 : 9781139510974
ISBN-13 : 1139510975
Rating : 4/5 (74 Downloads)

Synopsis Rule of Law Dynamics by : Michael Zurn

This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

Constitutional Courts as Mediators

Constitutional Courts as Mediators
Author :
Publisher : Cambridge University Press
Total Pages : 255
Release :
ISBN-10 : 9781107079786
ISBN-13 : 1107079780
Rating : 4/5 (86 Downloads)

Synopsis Constitutional Courts as Mediators by : Julio Ríos-Figueroa

The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.