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While their use and significance have increased in recent decades,
constitutional preambles have received only scant attention in
academic literature. This book presents a uniquely quantitative and
qualitative analysis of all the preambles currently in force around
the world and addresses fascinating questions concerning their
occurrence, content, style, function and legal status. Studying
preambles not only helps us understand the phenomenon itself, but
also teaches us more about constitutions and constitutional systems
in which they are situated. Constitutional Preambles illuminates
the great variety that constitutional preambles display. The
authors discuss the different styles, legal and non-legal
functions, and content of the preambles, as well as analysing their
use in the courts. This work also contains a carefully curated
anthology of the world's preambles in English.
The European Yearbook of Constitutional Law (EYCL) is an annual
publication initiated by the Department of Public Law and
Governance at Tilburg University and devoted to the study of
constitutional law. It aims to provide a forum for in-depth
analysis and discussion of new developments in the field, both in
Europe and beyond. This inaugurate volume examines the safeguards
and limits of judicial power in a variety of constitutional
systems, both at the national and supranational level. The book
approaches the judiciary as part of the constitutional system
operating within a legal order that connects the citizens and
institutions of the state to each other. Looking at the judiciary
from this broader perspective, the traditional doctrine of the
separation of powers would appear no longer to adequately represent
the diversity and complexity of constitutional systems and their
democratic legitimacy. Judicial independence does not mean
isolation, but should better be understood as institutionalizing
relationships that legitimize the power of the courts. The notions
of 'safeguards' and 'limits' indicate the reciprocally enabling and
protecting nature of these relationships. In recognition of this,
the contributions to this volume analyse these safeguards and
limits as relations existing within a complex constitutional
architecture. State institutions, today, are involved in a
fundamental transformation of their selfunderstanding as a result
of changes in political culture. Several contributions to this
volume provide examples of political criticism and pressure on the
judiciary, against which the usual guarantees are unable to provide
adequate protection. A convincing and effective response to threats
to the judiciary's independence requires a detailed and precise
analysis of the judiciary's constitutional safeguards and limits.
This book offers a step in that direction.
The European Yearbook of Constitutional Law (EYCL) is an annual
publication devoted to the study of constitutional law. It aims to
provide a forum for in-depth analysis and discussion of new
developments in the field, both in Europe and beyond. This fourth
volume of the EYCL addresses the underexplored and contentious
topic of whether the EU possesses a constitutional identity of its
own. To date, the main focus of scholarship and case law concerns
the constitutional identities of the Member States of the EU. This
is because the EU has to respect such identities according to
article 4(2) TEU. The attention for Member States’ constitutional
identities stands in stark contrast to the notion of an EU
constitutional identity. Such an identity features very little in
the literature and debate on constitutional identity and the legal
architecture of the EU. Consequently, this edition of the European
Yearbook of Constitutional Law addresses the gap in legal research
by studying constitutional identity with a focus on the EU itself.
The book explores various views on whether the EU possesses such an
identity and what any possible identity might entail. In this way,
a fuller and more inclusive picture can be formed of constitutional
identity as it relates to the multilevel constitutional order
inhabited by the EU and its Member States. This volume will be of
special interest to constitutional and legal scholars who are
interested in EU and national constitutional law, as well as to
political scientists. In addition, the book is relevant for judges,
government officials, judges and policy-makers who work with EU
(constitutional) law and its relationship with national
(constitutional) law. Jurgen de Poorter is State Councillor at the
Dutch Council of State and professor at Tilburg Law School,
Department of Public Law and Governance. Gerhard van der Schyff is
associate professor at Tilburg Law School, Department of Public Law
and Governance. Maarten Stremler is assistant professor at
Maastricht University, Faculty of Law, Department of Public Law.
Maartje De Visser is associate professor at SMU School of Law,
Singapore. Ingrid Leijten is professor at Tilburg Law School,
Department of Public Law and Governance. Charlotte van Oirsouw is
PhD researcher at Utrecht University, Department of Constitutional
and Administrative Law.
The European Yearbook of Constitutional Law (EYCL) is an annual
publication devoted to the study of constitutional law. It aims to
provide a forum for in-depth analysis and discussion of new
developments in the field, both in Europe and beyond. This
third volume of the EYCL focuses on constitutional advice, an
underexplored topic of legal scholarship today, and addresses this
situation by looking beyond constitutional law’s familiar focus
on the classic separation of powers and the main legislative,
executive and judicial bodies implied by this construct. The
attention is shifted to mapping and analysing the advisory bodies
and functions grouped around and in support of the legislators,
administrators and judges at the frontline of the constitutional
edifice, which is accomplished through national, comparative and
transnational perspectives on constitutional advice from Europe and
beyond. Addressing the topic of constitutional advice is necessary
to broaden and deepen not only our understanding of advice as a
field in its own right, but also as a way of rendering a fuller
account of contemporary constitutionalism. Also, the increasing
political polarisation across many societies today underscores the
need to study constitutional advice on topics of significance in an
attempt to bridge divides and end gridlock. This book will be of
special interest to constitutional scholars and legal scholars more
generally, as well as to political scientists. In addition,
government officials, judges and policy-makers wishing to better
understand the legal mechanisms and avenues when it comes to
rendering or receiving advice in the contemporary constitutional
context will find much of relevance.  Jurgen de
Poorter is professor at Tilburg Law School, Department of Public
Law and Governance. Gerhard van der Schyff is associate professor
at Tilburg Law School, Department of Public Law and Governance.
Maarten Stremler is assistant professor at Maastricht University,
Faculty of Law, Department of Public Law. Maartje De Visser is
associate professor at Yong Pung How School of Law, Singapore
Management University, Singapore.
The European Yearbook of Constitutional Law (EYCL) is an annual
publication devoted to the study of constitutional law. It aims to
provide a forum for in-depth analysis and discussion of new
developments in the field, both in Europe and beyond. This third
volume of the EYCL focuses on constitutional advice, an
underexplored topic of legal scholarship today, and addresses this
situation by looking beyond constitutional law's familiar focus on
the classic separation of powers and the main legislative,
executive and judicial bodies implied by this construct. The
attention is shifted to mapping and analysing the advisory bodies
and functions grouped around and in support of the legislators,
administrators and judges at the frontline of the constitutional
edifice, which is accomplished through national, comparative and
transnational perspectives on constitutional advice from Europe and
beyond. Addressing the topic of constitutional advice is necessary
to broaden and deepen not only our understanding of advice as a
field in its own right, but also as a way of rendering a fuller
account of contemporary constitutionalism. Also, the increasing
political polarisation across many societies today underscores the
need to study constitutional advice on topics of significance in an
attempt to bridge divides and end gridlock. This book will be of
special interest to constitutional scholars and legal scholars more
generally, as well as to political scientists. In addition,
government officials, judges and policy-makers wishing to better
understand the legal mechanisms and avenues when it comes to
rendering or receiving advice in the contemporary constitutional
context will find much of relevance. Jurgen de Poorter is professor
at Tilburg Law School, Department of Public Law and Governance.
Gerhard van der Schyff is associate professor at Tilburg Law
School, Department of Public Law and Governance. Maarten Stremler
is assistant professor at Maastricht University, Faculty of Law,
Department of Public Law. Maartje De Visser is associate professor
at Yong Pung How School of Law, Singapore Management University,
Singapore.
The European Yearbook of Constitutional Law (EYCL) is an annual
publication devoted to the study of constitutional law. It aims to
provide a forum for in-depth analysis and discussion of new
developments in the field, both in Europe and beyond. This second
volume examines the constitutional positioning of cities across
space and time. Unrelenting urbanisation means that most people
are, or soon will be, living in cities and that city
administrations become, in many respects, their quintessential
governing units. Cities are places where State power is
operationalised and concretised; where laws and government policies
transform from parchment objectives to practical realities. In a
similar vein, cities are also places for the realisation of the
constitutional rights and liberties enjoyed by individuals. The
book is organised around three sets of relations that await further
unpacking in theory as well as practice: that between cities and
other institutions in the national constitutional architecture;
that between cities and their inhabitants; and that between cities
and international organisations. The contributions to this book
show the marked diversity in the role and powers available to
cities in Europe and beyond, and identify principles and approaches
to help stipulate new ways of thinking about the legal role and
relevance of cities going forward. Ernst Hirsch Ballin is
distinguished university professor at Tilburg University and
vice-dean for research of Tilburg Law School. Gerhard van der
Schyff is associate professor at Tilburg Law School, Department of
Public Law and Governance. Maarten Stremler is lecturer at
Maastricht University, Faculty of Law, Department of Public Law.
Maartje De Visser is associate professor at SMU School of Law,
Singapore.
The European Yearbook of Constitutional Law (EYCL) is an annual
publication initiated by the Department of Public Law and
Governance at Tilburg University and devoted to the study of
constitutional law. It aims to provide a forum for in-depth
analysis and discussion of new developments in the field, both in
Europe and beyond. This inaugurate volume examines the safeguards
and limits of judicial power in a variety of constitutional
systems, both at the national and supranational level. The book
approaches the judiciary as part of the constitutional system
operating within a legal order that connects the citizens and
institutions of the state to each other. Looking at the judiciary
from this broader perspective, the traditional doctrine of the
separation of powers would appear no longer to adequately represent
the diversity and complexity of constitutional systems and their
democratic legitimacy. Judicial independence does not mean
isolation, but should better be understood as institutionalizing
relationships that legitimize the power of the courts. The notions
of 'safeguards' and 'limits' indicate the reciprocally enabling and
protecting nature of these relationships. In recognition of this,
the contributions to this volume analyse these safeguards and
limits as relations existing within a complex constitutional
architecture. State institutions, today, are involved in a
fundamental transformation of their selfunderstanding as a result
of changes in political culture. Several contributions to this
volume provide examples of political criticism and pressure on the
judiciary, against which the usual guarantees are unable to provide
adequate protection. A convincing and effective response to threats
to the judiciary's independence requires a detailed and precise
analysis of the judiciary's constitutional safeguards and limits.
This book offers a step in that direction.
The European Yearbook of Constitutional Law (EYCL) is an annual
publication devoted to the study of constitutional law. It aims to
provide a forum for in-depth analysis and discussion of new
developments in the field, both in Europe and beyond. This second
volume examines the constitutional positioning of cities across
space and time. Unrelenting urbanisation means that most people
are, or soon will be, living in cities and that city
administrations become, in many respects, their quintessential
governing units. Cities are places where State power is
operationalised and concretised; where laws and government policies
transform from parchment objectives to practical realities. In a
similar vein, cities are also places for the realisation of the
constitutional rights and liberties enjoyed by individuals. The
book is organised around three sets of relations that await further
unpacking in theory as well as practice: that between cities and
other institutions in the national constitutional architecture;
that between cities and their inhabitants; and that between cities
and international organisations. The contributions to this book
show the marked diversity in the role and powers available to
cities in Europe and beyond, and identify principles and approaches
to help stipulate new ways of thinking about the legal role and
relevance of cities going forward. Ernst Hirsch Ballin is
distinguished university professor at Tilburg University and
vice-dean for research of Tilburg Law School. Gerhard van der
Schyff is associate professor at Tilburg Law School, Department of
Public Law and Governance. Maarten Stremler is lecturer at
Maastricht University, Faculty of Law, Department of Public Law.
Maartje De Visser is associate professor at SMU School of Law,
Singapore.
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