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Global Constitutionalism from European and East Asian Perspectives
Examines and compares East Asian and European perspectives of Global Constitutionalism.
Public Reason and Courts
A comprehensive study of public reason for courts, with contributions from leading scholars in philosophy, political science and law.
Proportionality and the Rule of Law
Leading constitutional theorists debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning.
A Theory of Constitutional Rights
In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. I...
The Enforcement of EU Law and Values
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.
Judicial Power
Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Public Reason and Courts
"This book has been made possible with the generous contribution from PluriCourts-Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, at the University of Oslo, who financed the international workshop Courts and Public Reason in Global Public Law July 2016, and the WZB Berlin Social Science Center who provided the facilities and administrative assistance. Several of the chapters in this volume were presented in early versions at this workshop, while others have been commissioned later."--ECIP Acknowledgements.
A Critique of Proportionality and Balancing
This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.
Judging European Democracy
In several EU Member States, constitutional courts have reviewed European law on its compatibility with national constitutional law. These judgments deal with issues of major importance such as EU democratic legitimacy, the protection of fundamental rights, and the status of national sovereignty within the EU. Yet should national courts decide such issues of key constitutional significance for the EU? Or is it more democratic to leave these matters to political institutions that represent Europe's citizens and are politically accountable to them? In Judging European Democracy, Nik de Boer argues that the national courts' review of European law can actually constrain democratic debate over th...
Authority and the Globalisation of Inclusion and Exclusion
Examines the concept of a legal order in the context of globalisation from the perspective of inclusion and exclusion.
