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National Constitutions in European and Global Governance : National Reports.

Bibliographic Details
Main Author: Albi, Anneli.
Other Authors: Bardutzky, Samo.
Format: eBook
Language:English
Published: The Hague : T.M.C. Asser Press, 2019.
Edition:1st ed.
Subjects:
Electronic books.
Online Access:Click to View
Table of Contents:
  • Intro
  • Preface
  • Acknowledgements
  • In Memoriam Kristīne Krūma
  • Contents
  • Contributors
  • Abbreviations
  • Introduction
  • 1 Revisiting the Role and Future of National Constitutions in European and Global Governance: Introduction to the Research Project
  • Abstract
  • 1 The Reasons for Revisiting the Role of the National Constitutions
  • 2 Overview of the ERC-Funded Research Project 'The Role and Future of National Constitutions in European and Global Governance'
  • 3 The Questionnaire
  • 4 The Constitutional Law Experts
  • 5 The National Reports and the Timeline of the Project
  • 6 The Structure of the Two-Volume Book: The Categorisation and Typology of Europe's National Constitutional Cultures
  • 7 The Comparative Study: Outlining the Broader Trends and Processes Emerging from the National Reports
  • 8 The Broader Importance of the Project for the Future Direction of Travel for National, Comparative European, EU and Global Constitutionalism
  • References
  • 2 Questionnaire for the Constitutional Law Experts of the Research Project 'The Role and Future of National Constitutions in European and Global Governance'
  • Abstract
  • 1 Constitutional Amendments Regarding EU Membership
  • 1.1 Constitutional Culture
  • 1.2 The Amendment of the Constitution in Relation to the European Union
  • 1.3 Conceptualising Sovereignty and the Limits to the Transfer of Powers
  • 1.4 Democratic Control - National Parliaments and Referendums
  • 1.5 The Reasons for, and the Role of, EU Amendments
  • 2 Constitutional Rights, the Rule of Law and EU Law
  • 2.1 The Position of Constitutional Rights and the Rule of Law in the Constitution
  • 2.2 The Balancing of Fundamental Rights and Economic Freedoms in EU Law
  • 2.3 Constitutional Rights, the European Arrest Warrant and EU Criminal Law
  • 2.3.1 The Presumption of Innocence.
  • 2.3.2 Nullum Crimen, Nulla Poena Sine Lege
  • 2.3.3 Fair Trial and In Absentia Judgments
  • 2.3.4 The Right to a Fair Trial - Practical Challenges Regarding a Trial Abroad
  • 2.3.5 The Right to Effective Judicial Protection: The Principle of Mutual Recognition in EU Criminal Law and Abolition of the Exequatur in Civil and Commercial Matters
  • 2.3.6 Constitutional Rights Regarding Other Aspects of EU Criminal Law
  • 2.4 The EU Data Retention Directive
  • 2.5 Unpublished or Secret Legislation
  • 2.6 Rights and General Principles of Law in the Context of Market Regulation: Property Rights, Legal Certainty, Non-retroactivity and Proportionality
  • 2.7 The ESM Treaty, Austerity Programmes and the Democratic, Rule-of-Law-Based State
  • 2.8 Judicial Review of EU Measures: Access to Justice and the Standard of Review
  • 2.9 Other Constitutional Rights and Principles
  • 2.10 Common Constitutional Traditions
  • 2.11 Article 53 of the Charter and the Issue of Stricter Constitutional Standards
  • 2.12 Democratic Debate on Constitutional Rights and Values
  • 2.13 Experts' Analysis on the Protection of Constitutional Rights in EU Law
  • 3 Constitutional Issues in Global Governance
  • 3.1 Constitutional Rules on International Organisations and the Ratification of Treaties
  • 3.2 The Position of International Law in National Law
  • 3.3 Democratic Control
  • 3.4 Judicial Review
  • 3.5 The Social Welfare Dimension of the Constitution
  • 3.6 Constitutional Rights and Values in Selected Areas of Global Governance
  • References
  • Political or Historical Constitutions: The Predominance of Parliament with the Absence of or a Weak Role for a Constitutional Court, and a Generic or ECHR-Based Bill of Rights
  • 3 Europe's Gift to the United Kingdom's Unwritten Constitution - Juridification
  • Abstract
  • 1 Constitutional Amendments Regarding EU Membership.
  • 1.1 Constitutional Culture
  • 1.2 The Amendment of the Constitution in Relation to the European Union
  • 1.3 Conceptualising Sovereignty and the Limits to the Transfer of Powers
  • 1.4 Democratic Control
  • 1.5 The Reasons for, and the Role of, EU Amendments
  • 2 Constitutional Rights, the Rule of Law and EU Law
  • 2.1 The Position of Constitutional Rights and the Rule of Law in the Constitution
  • 2.2 The Balancing of Fundamental Rights and Economic Freedoms in EU Law
  • 2.3 Constitutional Rights, the European Arrest Warrant and EU Criminal Law
  • 2.3.1 The Presumption of Innocence
  • 2.3.2 Nullum Crimen, Nulla Poena Sine Lege
  • 2.3.3 Fair Trial and In Absentia Judgments
  • 2.3.4 The Right to a Fair Trial - Practical Challenges Regarding a Trial Abroad
  • 2.3.5 The Right to Effective Judicial Protection: The Principle of Mutual Recognition in EU Criminal Law and Abolition of the Exequatur in Civil and Commercial Matters
  • 2.4 The EU Data Retention Directive
  • 2.5 Unpublished or Secret Legislation
  • 2.6 Rights and General Principles of Law in the Context of Market Regulation: Property Rights, Legal Certainty, Non-retroactivity and Proportionality
  • 2.7 The ESM Treaty, Austerity Programmes and the Democratic, Rule-of-Law-Based State
  • 2.8 Judicial Review of EU Measures: Access to Justice and the Standard of Review
  • 2.9 Other Constitutional Rights and Principles
  • 2.10 Common Constitutional Traditions
  • 2.11 Article 53 of the Charter and the Issue of Stricter Constitutional Standards
  • 2.12 Democratic Debate on Constitutional Rights and Values
  • 2.13 Experts' Analysis on the Protection of Constitutional Rights in EU Law
  • 3 Constitutional Issues in Global Governance
  • 3.1 Constitutional Rules on International Organisations and the Ratification of Treaties
  • 3.2 The Position of International Law in National Law
  • 3.3 Democratic Control.
  • 3.4 Judicial Review
  • 3.5 The Social Welfare Dimension of the Constitution
  • 3.6 Constitutional Rights and Values in Selected Areas of Global Governance
  • References
  • 4 The Constitution of Malta: Reflections on New Mechanisms for Synchrony of Values in Different Levels of Governance
  • Abstract
  • 1 Constitutional Amendments Regarding EU Membership
  • 1.1 Constitutional Culture
  • 1.2 The Amendment of the Constitution in Relation to the European Union
  • 1.3 Conceptualising Sovereignty and the Limits to the Transfer of Powers
  • 1.4 Democratic Control
  • 1.5 The Reasons for, and the Role of, EU Amendments
  • 2 Constitutional Rights, the Rule of Law and EU Law
  • 2.1 The Position of Constitutional Rights and the Rule of Law in the Constitution
  • 2.2 The Balancing of Fundamental Rights and Economic Freedoms in EU Law
  • 2.3 Constitutional Rights, the European Arrest Warrant and EU Criminal Law
  • 2.3.1 The Presumption of Innocence
  • 2.3.2 Nullum crimen, nulla poena, sine lege
  • 2.3.3 Fair Trial and In Absentia Judgments
  • 2.3.4 Fair Trial - Practical Challenges
  • 2.3.5 Effective Judicial Protection: Mutual Recognition in EU Criminal Law and Abolition of the Exequatur in Civil and Commercial Matters
  • 2.3.6 Constitutional Rights Regarding Other Aspects of EU Criminal Law
  • 2.4 The EU Data Retention Directive
  • 2.5 Unpublished or Secret Legislation
  • 2.6 Rights and General Principles of Law in the Context of Market Regulation: Property Rights, Legal Certainty, Non-retroactivity and Proportionality
  • 2.7 The ESM Treaty, Austerity Programmes and the Democratic, Rule-of-Law-Based State
  • 2.8 Judicial Review of EU Measures: Access to Justice and the Standard of Review
  • 2.9 Other Constitutional Rights and Principles
  • 2.10 Common Constitutional Traditions.
  • 2.11 Article 53 of the EU Charter and the Issue of Stricter Constitutional Standards
  • 2.12 Democratic Debate on Constitutional Rights and Values
  • 2.13 The Protection of Constitutional Rights in EU Law
  • 3 Constitutional Issues in Global Governance
  • 3.1 Constitutional Rules on International Organisations and the Ratification of Treaties
  • 3.2 The Position of International Law in National Law
  • 3.3 Democratic Control
  • 3.4 Judicial Review
  • 3.5 The Social Welfare Dimension of the Constitution
  • 3.6 Constitutional Rights and Values in Selected Areas of Global Governance
  • References
  • 5 The Netherlands: The Pragmatics of a Flexible, Europeanised Constitution
  • Abstract
  • 1 Constitutional Amendments Regarding EU Membership
  • 1.1 Constitutional Culture
  • 1.2 The Amendment of the Constitution in Relation to the European Union
  • 1.3 Conceptualising Sovereignty and the Limits to the Transfer of Powers
  • 1.4 Democratic Control
  • 1.5 The Reasons for, and the Role of, EU Amendments
  • 2 Constitutional Rights, the Rule of Law and EU Law
  • 2.1 The Position of Constitutional Rights and the Rule of Law in the Constitution
  • 2.2 The Balancing of Fundamental Rights and Economic Freedoms in EU Law
  • 2.3 Constitutional Rights, the European Arrest Warrant and EU Criminal Law
  • 2.3.1 The Presumption of Innocence
  • 2.3.2 Nullum crimen sine lege praevia
  • 2.3.3 Trial In Absentia
  • 2.4 The EU Data Retention Directive
  • 2.5 Unpublished or Secret Legislation
  • 2.6 Rights and General Principles of Law in the Context of Market Regulation: Property Rights, Legal Certainty, Non-retroactivity and Proportionality
  • 2.7 The ESM Treaty, Austerity Programmes and the Democratic, Rule-of-Law-Based State
  • 2.8 Judicial Review of EU Measures: Access to Justice and the Standard of Review
  • 2.9 Other Constitutional Rights and Principles.
  • 2.10 Common Constitutional Traditions.

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