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The relationship between EU law and national constitutional law, including constitutional law in federalism matters, has been subject to an ongoing scholarly debate. Beyond Federal Dogmatics contributes to this debate in two ways. Stef Feyen argues for an approach to constitutional law that goes beyond the classic, "dogmatic") understanding of constitutional case law regarding federalism as expounded in Belgian academia. Building on that basis, he sets out to rethink the framework within which the connection between EU law and national constitutional law can be understood. The analysis delves into the relationship, and sometimes tension) between rule-of-law values, which may serve as checks upon instrumental forms of reasoning) and the toolbox deployed in constitutional court case law to accommodate several rather pragmatic needs."
Comparative constitutionalism has always been an important field of study. It has gained new importance, and practical urgency with the advent of emerging democratic governments. As part of the study of comparative constitutionalism, federal constitutional systems have also taken on a renewed interest at the beginning of the 21st century. Russia and South Africa present fascinating examples of emerging federal systems in which sub-national constitutions are beginning to play an important role. Within the field of comparative federal constitutional law, though, the study of state or subnational constitutions is only just becoming a major focal point of world-wide interest. Sub-national constitutions have been, and generally remain, low-visibility constitutions. Studies of constitutional federalism have tended to be almost exclusively top-down looks at the national constitution and its federal features rather than a bottom-up look at the national constituions themselves. A system of constitutional federalism cannot be fully understood without analyzing the constitutional arrangements within the constituent units. The marketplace for the constitutional ideas generated in the laboratories of states within the federal systems is rapidly expanding worldwide. There are several dozen bona fide federal political systems in the world, as well as unitary political systems that include federal arrangements. There is a range of general questions to be asked about the constitutions of states within any federal system. The contributions to this volume, in addition to their intrinsic interest, should serve as a database for answering those questions and describing the extraordinary diversity within and among subnational constitutions in federal systems. Moreover, each of the contributions include the texts of a number of representative sub-national constitutions.
This book offers a critical evaluation of the Framework Convention for the Protection of National Minorities (drawn up within the Council of Europe) and gives to-the-point answers on current questions. Can the Framework Convention become a pan-European document, given the non-ratification by some states, such as Belgium, France, Greece, and Turkey? Furthermore, what is the added value of the Framework Convention compared to other international minority monitoring mechanisms? This volume brings together a number of leading international experts, along with several authors closely involved with the monitoring of minority protection in Europe. The book will be of interest to a wide audience of academics, practitioners, policy makers, non-governmental organizations, and all those interested in minority rights.
On January 9, 2014, Marc Bossuyt, President of the Belgian Constitutional Court, was awarded emeritus status. As a tribute for his remarkably prolific career, this Liber amicorum, to which more than 50 colleagues and friends have contributed, expresses the appreciation inspired by Bossuyt's magnificently fine career. The editorial committee did not have to look far to choose the subject of the book. Indeed, "Human Rights" is the common theme in the multifaceted career of Marc Bossuyt, and a theme that is very close to his heart. He has always considered freedom of speech and the exchange of ideas with others as very important. With his strong power of persuasion, Bossuyt conveyed his solidly underpinned points-of-view to his numerous interlocutors and challenged them to interesting debates on fundamental issues in a state governed by the rule of law and, in particular, on the protection of human rights.
This set of volumes in the International Encyclopaedia of Laws presents a country-by-country survey of constitutional law throughout the world, and is also in the process of publishing, in one source, all of the constitutions of the world in English translations. Each national monograph includes detailed information of the country's political system, historical background, sources of constitutional law, form of government (outlining the legal status, the competence and the working of central state powers, etc.), state form and subdivisions of the state, component states and decentralized authorities, citizenship (especially nationality and the legal position of aliens), and specific problems such as foreign relations, taxing and spending power, emergency laws, the power of the military, and the constitutional relation between Church and State.
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