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National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
Author: Anneli Albi
Publisher: Springer
Total Pages: 1522
Release: 2019-05-29
Genre: Law
ISBN: 9462652732

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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 rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.


Constitution of the Republic of Croatia

Constitution of the Republic of Croatia
Author: Republic of Croatia
Publisher:
Total Pages: 56
Release: 2019-08-12
Genre:
ISBN: 9781089939443

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Croatia, officially the Republic of Croatia, is a country at the crossroads of Central and Southeast Europe, on the Adriatic Sea. It borders Slovenia to the northwest, Hungary to the northeast, Serbia to the east, Bosnia and Herzegovina, and Montenegro to the southeast, sharing a maritime border with Italy.


Judicial Dissent in European Constitutional Courts

Judicial Dissent in European Constitutional Courts
Author: Katalin Kelemen
Publisher: Routledge
Total Pages: 242
Release: 2017-09-28
Genre: Law
ISBN: 1317110048

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Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion attached to the judgment of the court. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. It discusses the theoretical background, presents the history of the institution and today’s practice, thus laying down the basis for an accurate consideration of the phenomenon from a legal perspective.


The World Factbook 2014- 15

The World Factbook 2014- 15
Author: United States. Central Intelligence Agency
Publisher: Government Printing Office
Total Pages: 956
Release: 2015-06-02
Genre: Reference
ISBN: 9780160925535

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In general, information available as of September 1, 2014 was used in the preparation of this edition. Provides brief information on the geography, people, government, economy, communications, and defense of countries and regions around the world. Contains information on international organizations. Designed to meet the specific requirements of United States Government Officials in style, format, coverage, and content. Includes 4 unattached maps, dated June 2012 and October 2012. The October 2012 map is of the world oceans.


Executive Clemency

Executive Clemency
Author: Daniel Pascoe
Publisher: Routledge
Total Pages: 232
Release: 2020-07-30
Genre: Law
ISBN: 1000082253

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Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.


Balkan Yearbook of European and International Law 2022

Balkan Yearbook of European and International Law 2022
Author: Ivana Kunda
Publisher: Springer Nature
Total Pages: 222
Release: 2023-05-12
Genre: Law
ISBN: 3031294327

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The fourth volume of the Balkan Yearbook of European and International Law (BYEIL) presents nine new articles offering scholarly insights into a variety of legal issues, with a special focus on the countries of Southeast Europe. All six articles in the special section reflect the authors’ efforts to untangle difficult questions concerning family property in private international law. Addressing a range of topics, leading national experts in the respective areas discuss Bosnian and Herzegovinian, Croatian, Greek, Lithuanian and Turkish law. In turn, the general sections on European law and international law include three articles on diverse topics in private and public law, from a fresh take on the legal and practical effects of Brexit over EUTMs, and the legal nature of cryptocurrencies in different jurisdictions, to difficulties establishing the rule of law in Bosnia and Herzegovina.


Building Democracy in the Yugoslav Successor States

Building Democracy in the Yugoslav Successor States
Author: Sabrina P. Ramet
Publisher: Cambridge University Press
Total Pages: 475
Release: 2017-05-15
Genre: Political Science
ISBN: 1316851788

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Building democracy in societies that have known only authoritarian rule for half a century is complicated. Taking the post-Yugoslav region as its case study, this volume shows how success with democratisation depends on various factors, including establishing the rule of law, the consolidation of free media, and society's acceptance of ethnic, religious and sexual minorities. Surveying the seven successor states, the authors argue that Slovenia is in a class by itself as the most successful, with Croatia and Serbia not far behind. The other states - Bosnia-Herzegovina, Macedonia, Montenegro, and Kosovo - are all struggling with problems of corruption, poverty, and unemployment. The authors treat the issue of values as a policy problem in its own right, debating the extent to which values have been transformed by changes in education and the media, how churches and women's organisations have entered into the policy debate, and whether governments have embraced a programme designed to effect changes in values.


Freedom in the World 2015

Freedom in the World 2015
Author: Freedom House
Publisher: Rowman & Littlefield
Total Pages: 877
Release: 2015-12-24
Genre: Political Science
ISBN: 1442254084

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Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 195 countries and fourteen territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.