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Why Constitutions Matter
As countries in the twentieth and twenty-first centuries change from colonialist to independent rule, or from a socialist to a democratic society, the need for a written constitution becomes apparent. Countries in the former Soviet Union, Africa, or nations once part of the British Empire face social, economic, and humanitarian problems as they experiment with democratic rule. Such issues as clearly defining where sovereignty lies, how much power is given to the people, and what rights are possessed by a nation's citizenry are new to these countries. While a constitution, being a man-made document, is subject to interpretation and does not always delineate in a lucid framework its parameters...
General Principles and the Coherence of International Law
General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.
The Limits of the Legal Complex
Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which ...
Nordic And Other European Constitutional Traditions
This book provides new insights based on perspectives from Member States such as Germany and Italy as well as the Nordic Countries. It also deals with European legal and philosophical heritage in general, as well as special issues like closer cooperation among 'Core States' and the role of the Court of Justice in recent EC law development.
Courts, Privacy and Data Protection in the Digital Environment
Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances – namely, what can I do if my data privacy rights are breached?
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
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 ri...
Solidarity in EU Law
The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.
The Constitutional Theory of the Federation and the European Union
This book departs from the 'statist' imagination by suggesting the EU is a federal union of states, or a federation. Dedicated to the constitutional theory of federalism, this book gives the strengths and weaknesses of a federation as a political form, its histories, and current perils for the EU.
General Principles of EC Law in a Process of Development
What are the basic principles underlying European Community Law? Although no one seeks a purely descriptive answer to this question, the discussion it gives rise to is of immense significance both for theoretical legal studies and for legal practice. Over the years, scholars have convened from time to time to re-examine the question in the light of new developments. This important volume offers insights and findings of the latest such conference, held at Stockholm in March 2007, and sponsored by the Swedish Network for European Legal Studies. The nineteen essays here printed are all final author-edited versions of papers first presented at that conference. Far from merely an updating of the ...
Judicial Independence in Transition
Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.
