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Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.
A large-scale comparative work of leading cases examines judicial constitutional reasoning in eighteen different legal systems globally.
Examining the growing issue of EU Member States' defiance in the face of EU law, this volume outlines the development and history of this crisis, and offers a theoretical and comparative analysis of the difficulties the EU is facing in their attempts to enforce Member State to comply with European integration, suggesting solutions for the future.
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
This book addresses and explains the divergent economic and political outcomes of the financial crisis in the eight European Union member states which needed a bailout program: Cyprus, Greece, Hungary, Ireland, Latvia, Portugal, Romania and Spain. Looking at crisis management as a series of relationships where cooperation is essential, this book focuses on the essential role of trust during the process. It argues that the presence or absence of trust during the negotiation and implementation of the bailout program leads to self-reinforcing cycles of success and failure. The analysis of these eight countries also explores the institutional sources of trust – it shows that a commitment to limited government is associated with both economic success and resistance to populism. The final chapter considers the implications for the future of the EU and calls attention to the importance of strengthening domestic institutions in order to bridge the gap between concerns over moral hazard and expectations of solidarity.
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other coun...
This volume analyses key theoretical, institutional and legal aspects of intergenerational equity and justice in multi-level sustainable development treaty implementation.
Ernest Gellner's final book, first published in 1998, is a synoptic interpretation of the thought of Wittgenstein and Malinowski.
Few would doubt the central importance of the nation in the making and unmaking of modern political communities. The long history of 'the nation' as a concept and as a name for various sorts of 'imagined community' likewise commands such acceptance. But when did the nation first become a fundamental political factor? This is a question which has been, and continues to be, far more sharply contested. A deep rift still separates 'modernist' perspectives, which view the political nation as a phenomenon limited to modern, industrialised societies, from the views of scholars concerned with the pre-industrial world who insist, often vehemently, that nations were central to pre-modern political life also. This book engages with these questions by drawing on the expertise of leading medieval, early modern and modern historians.