The issue of constitutional authority, and more particularly the plurality of claims to legal and constitutional authority, has been a dominant theme of European Union legal scholarship in recent years. The resonance of the topic is evident in many of the major EU developments o…
La 4e de couverture indique : "The increasing transnationalisation of regulation - and social life more generally - challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitud…
La 4e de couverture indique : "There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavou…
Ever since the Second World War, a new constitutional model has emerged worldwide that gives a pivotal role to judges. Against the New Constitutionalism challenges this reigning paradigm and develops a distinctively liberal defence of political constitutionalism. The author conc…
Présentation de l'éditeur : "The period from the fifteenth century to the late eighteenth century was one of critical importance to British constitutionalism. Although the seeds were sown in earlier eras, it was at this point that the constitution was transformed to a system of …
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European hum…
by Geisler, Antonia, Hein, Michael, Hummel, Siri, Central and Eastern European Forum for Legal, Political and Social Theorists, Greifswald, Allemagne)
fromCentral and Eastern European Forum for Legal, Political and…
Abusive Constitutional Borrowing outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that h…
El Estado Constitucional establece una particular relación entre derechos, jurisdicción y legislación. En concreto, la incorporación de principios a la Constitución hace especialmente agudo el problema de la vinculación del juez a la ley, tal y como advertía Kelsen en sus escrit…
This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those invo…
"Security Council resolutions have undergone an important evolution over the last two decades. While continuing its traditional role of determining state-specific threats to the peace and engaging accordingly in various peaceful or coercive measures, the Security Council has als…
