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The Constitution of European Democracy

The Constitution of European Democracy
Author: Dieter Grimm
Publisher: Oxford University Press
Total Pages: 273
Release: 2017
Genre: Law
ISBN: 0198805128

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This book highlights Europe's democracy problem. The common argument throughout is that the European Union has become over-constitutionalized, and Grimm makes recommendations for solving this. Grimm also outlines the EU's legitimacy deficit and the proposed remedy of 'parliamentarization'.


The Constitution of European Democracy

The Constitution of European Democracy
Author: Dieter Grimm
Publisher: Oxford University Press
Total Pages: 290
Release: 2017-07-14
Genre: Law
ISBN: 0192527436

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Europe is in crisis. With rising unrest among citizens of EU member states exemplified by the UK's decision to leave the EU, and the growing popularity of anti-EU political parties, Dieter Grimm presents the argument that Europe has to change its method of further integration or risks failure. This book, containing essays many of which have not been published in the English language to date, explores how the EU has become over-constitutionalized. Grimm argues that this has left the EU with a democratic deficit leading to the alienation of citizens. This book highlights Europe's democracy problem. The most prominent argument running throughout is that the EU and its decision-making processes have become over-constitutionalized. This is due to the constitutionalization of European treaties, which has occurred by raising them to the eminence of a constitution as a result of the jurisprudence of the European Court of Justice. However, the treaties contain provisions that would be ordinary law in member states. The fact that they enjoy constitutional status in Europe detaches them from the democratic processes in the member states and the EU itself, and contributes to the growing independence of the EU's executive and judicial institutions. The book also asserts that currently the EU does not have enough sources of legitimation to uphold itself, surviving solely on the legitimation provided by member states. One popular remedy is the suggestion of 'parliamentarization' of the EU, giving the European Parliament the powers typically possessed by national parliaments as a means of heightening its legitimation. This is criticized by Grimm as expanding the Parliament's powers would not change the effects of over-constiutionalization as the Parliament is inferior to the constitution. In order to reduce the EU's legitimacy deficit, Grimm makes several recommendations. The repoliticization of the decision-making processes, which can be achieved by reducing treaties to the capacity necessary for their constitutional function; the reinvigoration of European Parliament elections, by having 'Europeanized' parties to increase engagement with European society and give voters the opportunity to more immediately influence European politics; and a new division of powers based on subject matter to restrain European expansionism, reserving particular areas of policy to the responsibility of member states even if this affects the common market.


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.


Constitutional Democracy

Constitutional Democracy
Author: J nos Kis
Publisher: Central European University Press
Total Pages: 344
Release: 2003-01-01
Genre: Political Science
ISBN: 9789639241329

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Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.


Democracy in Europe

Democracy in Europe
Author:
Publisher:
Total Pages: 514
Release: 1877
Genre:
ISBN:

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Democracy Needs Dispute

Democracy Needs Dispute
Author: Cornelia Bruell
Publisher: Campus Verlag
Total Pages: 204
Release: 2009
Genre: Political Science
ISBN:

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In 2005 hopes for closer European integration were dealt a potentially fatal blow when French and Dutch voters rejected the proposed new European Union constitution. Going beyond the instant analysis of journalists, which placed blame for the failed vote on the two nations' internal politics, Democracy Needs Dispute examines a collection of media accounts of European policy debates to argue that the problem with the EU is its relative lack of vibrant political conflict. Democracy Needs Dispute offers both up-to-date analysis and a rich theoretical understanding of the problems facing further efforts at European integration.


National Parliaments and European Democracy

National Parliaments and European Democracy
Author: Jit Peters
Publisher: Europa Law Publishing
Total Pages: 276
Release: 2007
Genre: Law
ISBN: 9789076871813

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This book engages in the vivid debate about the role of nationalparliaments in the future European democracy. These parliaments are widely regarded to be essential in reducing the European Union's democratic deficit, but it remains unclear how their function should be organized. The purpose of this volume is to contribute to such a regime on the basis of a comparative analysis of scrutiny systems, as they exist today.


The European Constitution in the Making

The European Constitution in the Making
Author: Kimmo Kiljunen
Publisher: CEPS
Total Pages: 180
Release: 2004
Genre: Constitutional law
ISBN: 9789290794936

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The Constitution's Gift

The Constitution's Gift
Author: John Erik Fossum
Publisher: Rowman & Littlefield Publishers
Total Pages: 316
Release: 2011-01-16
Genre: Political Science
ISBN: 1442208570

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This authoritative study considers all aspects of the European Union's distinctive constitution since its inception. A unique political animal, the EU has given rise to important constitutional conundrums and paradoxes that the authors explore in detail. Their analysis illuminates the distinctive features of the Union's pluralist constitutional construct and provides the tools to understand the Union's development, especially during the Laeken (2001–2005) and Lisbon (2007–2009) processes of constitutional reform and spells out the parallels between the European and the Canadian constitutional experiences. Offering the first history of European constitutional law that is both theoretically informed and normatively grounded, the authors have developed an original theory of constitutional synthesis that will be essential reading for all readers interested in the process and theory of European integration.


The Crisis of European Democracy

The Crisis of European Democracy
Author: Moritz Julius Bonn
Publisher:
Total Pages: 120
Release: 1925
Genre: Democracy
ISBN:

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