European And Us Constitutionalism

Author: Georg Nolte
Publisher: Cambridge University Press
ISBN: 9781139446907
Size: 26.76 MB
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European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.

American Constitutionalism Abroad

Author: George Athan Billias
Publisher: Praeger Pub Text
ISBN:
Size: 49.61 MB
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American constitutionalism remains this country's greatest contribution to human freedom. In American Constitutionalism Abroad, six distinguished historians, political scientists, and international law experts, discuss American constitutionalism in various regions of the world at different times and within different contexts. By tracing the influence of the documents, procedures, and institutions that came into being within the United States during the founding period from 1776 to 1791, and by analyzing how they were received and perceived by constitutionmakers in other countries, it is possible to follow the spread of American constitutionalism through various parts of the world over time.

European Union Constitutionalism In Crisis

Author: Nicole Scicluna
Publisher: Routledge
ISBN: 1317624424
Size: 75.29 MB
Format: PDF, Mobi
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Several years after the first Greek bailout, the integration project of the European Union faces an interlocking set of political, economic, legal and social challenges that go to the very core of its existence. Austerity is the order of the day, and citizens in both debtor and creditor states increasingly turn to the political movements of the far left and right, anti-politics and street protests to vent their frustration. This book demonstrates the limits of constitutionalism in the EU. It explores the ‘twin crises’ - the failure of the Constitutional Treaty in 2005 and the more recent Eurozone crisis - to illuminate both the possibilities and pitfalls of the integration project. It argues that European integration overburdened law in an attempt to overcome deep-seated political deficiencies. It further contends that the EU shifted from an unsuccessful attempt at democratisation via politicisation (the Constitutional Treaty), to an unintended politicisation without democratisation (the Eurozone crisis) only a few years later. The book makes the case that this course is unsustainable and threatens the goal of European unity. This text will be of key interest to students and scholars in the fields of EU studies, EU law, democracy studies, constitutional studies and international relations.

Law And New Governance In The Eu And The Us

Author: Gráinne de BÃorca
Publisher: Bloomsbury Publishing
ISBN: 1847310400
Size: 25.98 MB
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New approaches to governance have attracted significant scholarly attention in recent years. Commentators on both sides of the Atlantic have identified, charted and evaluated the rise and spread of forms of governance, forms which seem to differ from previous regulatory and legal paradigms. In Europe, the emergence of the Open Method of Coordination has provided a focal point for new governance studies. In the US, scholarship on issues such as collaborative problem-solving, democratic experimentalism, and problem-solving courts exemplify the interest in similar developments. This book covers diverse policy sectors and subjects, including the environment, education, anti-discrimination, food safety and many others. While some chapters concentrate on the operation of new governance mechanisms in a federal and multilevel context and others look at the relationship between public and private mechanisms and settings, what all the contributors share in common is the pursuit of effective mechanisms for addressing complex social problems, and the challenges they raise for our understanding of law and constitutionalism, and of legal and constitutional values.

American Constitutionalism Heard Round The World 1776 1989

Author: George Athan Billias
Publisher: NYU Press
ISBN: 0814725171
Size: 27.51 MB
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American constitutionalism represents America's greatest gift to human freedom, yet its story remains largely untold. For over two hundred years, its ideals, ideas, and institutions influenced different peoples in different lands at different times. Historian George Athan Billias traces the spread of American constitutionalism--from Europe, Latin America, and the Caribbean region, to Asia and Africa--beginning chronologically with the American Revolution and the fateful "shot heard round the world" and ending with the conclusion of the Cold War in 1989. The American model contributed significantly by spearheading the drive to greater democracy throughout the Western world, and Billias's landmark study tells a story that will change the way readers view the important role American constitutionalism played during this era. George Athan Billias is Jacob and Frances Hiatt Professor Emeritus of History at Clark University. His numerous books includeAmerican Constitutionalism Abroad: Selected Essays in Comparative Constitutional HistoryandGeorge Washington's Generals and Opponents.

Democracy And Constitutionalism In The European Union

Author: Federico Mancini
Publisher: Bloomsbury Publishing
ISBN: 1847312241
Size: 10.59 MB
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This collection of essays brings together the late Federico Mancini's most important writings in English, which concentrate largely on the issues of democracy, constitutionalism and individual rights in the European Union. The book presents the unique perspective of someone who witnessed the birth of European integration, was first an Advocate General and then a Judge of the Court of Justice of the European Community and who carried an unfaltering belief in the promises and advantages of a federal Europe.

European Constitutionalism Beyond The State

Author: Marlene Wind
Publisher: Cambridge University Press
ISBN: 9780521796712
Size: 33.29 MB
Format: PDF
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Some of the most innovative scholars in the field of European constitutionalism come together in this book to highlight different facets of the new constitutional discussion. Provoking deep analysis of the different ideas of constitution and cons titutionalism, it delineates new ways of thinking about the future of Europe. In particular, it aims to challenge the idea of the European Union as an evolving federal polity. This book will appeal to anyone interested in the timely subject of constitutionalism including student and practitioners of law, politics and philosophy.

Foundations Of American Constitutionalism

Author: David A. J. Richards
Publisher: Oxford University Press
ISBN: 9780195363111
Size: 49.73 MB
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In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument. Examining the Founders' humanist analytical methods and working assumptions, this book combines history, political philosophy, and interpretive practice as it demonstrates an alternative exegesis of the Constitution. It clarifies a wide range of interpretive issues of federalism, enumerated rights (religious liberty and free speech), unenumerated rights (the constitutional right to privacy), and equal protection.