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Judicial review in comparative law
"All over the world, in all democratic States, independently of having a legal system based on the common law or on the civil law principles, the courts – special constitutional courts, supreme courts or ordinary courts – have the power to decide and declare the unconstitutionality of legislation or of other State acts when a particular statute violates the text of the Constitution or of its constitutional principles. This power of the courts is the consequence of the consolidation in contem-porary constitutionalism of three fundamental principles of law: first, the existence of a written or unwritten constitution or of a fundamental law, conceived as a superior law with clear supremacy ...
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Switzerland’s Differentiated European Integration
This book analyses Switzerland’s European policies using the concept of differentiated European integration, providing a new and original perspective on the country. This analytical approach focuses on the similarities between Switzerland's EU policies and the integration of EU member states. The latter have often been the focus of research as Switzerland is the last Western European country not to have become a member of the European Union (EU) or the European Economic Area (EEA). The book claims that Switzerland’s position on the European integration map is different in terms of degree from many EU member states, but not different in kind. The cornerstone of the book is new empirical data quantitatively measuring Switzerland’s differentiated integration during the period 1990 – 2010. The data rely on the sectoral agreements Switzerland concluded with the EU and the voluntary incorporation of EU law into domestic legislation. The book shows, among other findings, that over time Swiss European policies have begun to resemble integration policies and that the more they did so, the more dynamically they evolved.
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The Max Planck Handbooks in European Public Law
The Max Planck Handbooks in European Public Law describe and analyze 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, the series 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 began this enterprise with an appraisal of the evolution ...
Recognition of Foreign Administrative Acts
This book presents an analysis of the concept of the administrative act and its classification as ‘foreign’, and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe. While focusing on the recognition and execution of foreign administrative acts, the book examines the validity, efficacy and enforceability of foreign administrative acts at national level. The book starts with a general analysis of the issue, offering general conclusions about the experiences in different countries. It then analyses the aforementioned themes from the perspective of the domestic law of different European nations and a number of international organisations (European Union, MERCOSUR, and Andean Community). In addition, the book studies the role of the European Union in the progress towards the recognition and execution of foreign administrative acts, where the principle of mutual recognition plays a vital part. Finally, the book analyses the international conventions on the recognition and execution of administrative acts and on the legalisation of public documents.
