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Three Generations of European Constitutional Courts in Transition to Democracy
A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
The Max Planck Handbooks in European Public Law
The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour wi...
Rights Before Courts
This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.
The Administrative State
This is the first volume of The Max Planck Handbooks of European Public Law. Volume I: The Administrative State frames the administrative regimes of Europe in a comparative perspective, analysing the evolution of state and administration of major European jurisdictions, and examining issues that cut across national boundaries.
Jahrbuch des Offentlichen Rechts der Gegenwart. Neue Folge
Aus Rezensionen: Dies ist vor allem ein Verdienst des Hrsg. Peter Haberle, der es wie kein anderer versteht, rechtswissenschaftliche Erkenntnisse in einen dichten, allgemeinen kulturhistorischen Hintergrund einzubetten, um auf diese Art einen ganzlich neuen Zugang zu rechtlichen Phanomenen zu eroffnen. ... Als beeindruckendes Dokument einer nahezu samtliche Lebensbereiche erfassenden normativen Strukturierung der Sozietat ist das Jahrbuch erneut eine Fundgrube fur jeden ... Thomas E. Walzel v. Wiesentreu in Juristische Blatter, Juli 1998, S. 470-471
EU Values Before the Court of Justice
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicia...
The Future of the European Judicial System in a Comparative Perspective
The future of the European judicial system and the constitutional role of the European courts were the topics of the 6th Colloquium of the European Constitutional Law Network (ECLN), which took place in Berlin in November 2005. It was jointly organized by the ECLN and the International Association of Constitutional Law (IACL). This book reflects the topics of the colloquium where judges from the European Courts and the highest national courts, and experts on European and Constitutional Law from all over the world exchanged experiences and developed concepts for future EU judicial architecture. Subjects like the composition of the courts, election procedures for the judges, and their relationship to the ordinary judiciary are compared, and the role of the ECJ in the European Judicial System is discussed.
Volume I: The Administrative State
The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evol...
Debating Legal Pluralism and Constitutionalism
The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.
