|
Showing 1 - 6 of
6 matches in All Departments
This book explores the relationship between populism or populist
regimes and constitutional interpretation used in those regimes.
The volume discusses the question of whether contemporary populist
governments and movements have developed, or encouraged new and
specific constitutional theories, doctrines and methods of
interpretation, or whether their constitutional and other high
courts continue to use the old, traditional interpretative tools in
constitutional adjudication. The book is divided into four parts.
Part I contains three chapters elaborating the theoretical basis
for the discussion. Part II examines the topic from a comparative
perspective, representing those European countries where populism
is most prevalent, including Austria, Croatia, the Czech Republic,
Greece, Hungary, Italy, Poland, Romania, Spain, and the United
Kingdom. Part III extends the focus to the United States,
reflecting how American jurisprudence and academia have produced
the most important contributions to the theory of constitutional
interpretation, and how recent political developments in that
country might challenge the traditional understanding of judicial
review. This section also includes a general overview on Latin
America, where there are also some populist governments and strong
populist movements. Finally, the editors' closing study analyses
the outcomes of the comparative research, summarizing the
conclusions of the book. Written by renowned national
constitutional scholars, the book will be essential reading for
students, academics and researchers working in Constitutional Law
and Politics.
This book explores the relationship between populism or populist
regimes and constitutional interpretation used in those regimes.
The volume discusses the question of whether contemporary populist
governments and movements have developed, or encouraged new and
specific constitutional theories, doctrines and methods of
interpretation, or whether their constitutional and other high
courts continue to use the old, traditional interpretative tools in
constitutional adjudication. The book is divided into four parts.
Part I contains three chapters elaborating the theoretical basis
for the discussion. Part II examines the topic from a comparative
perspective, representing those European countries where populism
is most prevalent, including Austria, Croatia, the Czech Republic,
Greece, Hungary, Italy, Poland, Romania, Spain, and the United
Kingdom. Part III extends the focus to the United States,
reflecting how American jurisprudence and academia have produced
the most important contributions to the theory of constitutional
interpretation, and how recent political developments in that
country might challenge the traditional understanding of judicial
review. This section also includes a general overview on Latin
America, where there are also some populist governments and strong
populist movements. Finally, the editors' closing study analyses
the outcomes of the comparative research, summarizing the
conclusions of the book. Written by renowned national
constitutional scholars, the book will be essential reading for
students, academics and researchers working in Constitutional Law
and Politics.
In the past few years, constitutional courts have been presented
with new challenges. The world financial crisis, the new wave of
terrorism, mass migration and other country-specific problems have
had wide-ranging effects on the old and embedded constitutional
standards and judicial constructions. This book examines how, if at
all, these unprecedented social, economic and political problems
have affected constitutional review in Europe. As the courts'
response must conform with EU law and in some cases international
law, analysis extends to the related jurisprudence of the European
Court of Justice and the European Court of Human Rights. The
collection adopts a common analytical structure to examine how the
relevant challenges have been addressed in ten country specific
case studies. Alongside these, constitutional experts frame the
research within the theoretical understanding of the constitutional
difficulties of the day in Europe. Finally, a comparative chapter
examines the effects of multilevel constitutionalism and identifies
general European trends. This book will be essential reading for
academics and researchers working in the areas of constitutional
law, comparative law and jurisprudence.
In the past few years, constitutional courts have been presented
with new challenges. The world financial crisis, the new wave of
terrorism, mass migration and other country-specific problems have
had wide-ranging effects on the old and embedded constitutional
standards and judicial constructions. This book examines how, if at
all, these unprecedented social, economic and political problems
have affected constitutional review in Europe. As the courts'
response must conform with EU law and in some cases international
law, analysis extends to the related jurisprudence of the European
Court of Justice and the European Court of Human Rights. The
collection adopts a common analytical structure to examine how the
relevant challenges have been addressed in ten country specific
case studies. Alongside these, constitutional experts frame the
research within the theoretical understanding of the constitutional
difficulties of the day in Europe. Finally, a comparative chapter
examines the effects of multilevel constitutionalism and identifies
general European trends. This book will be essential reading for
academics and researchers working in the areas of constitutional
law, comparative law and jurisprudence.
This collection presents a comparative analysis of the principle of
effective legal protection in administrative law in Europe. It
examines how European states consider and enforce the related
requirements in their domestic administrative law. The book is
divided into three parts: the first comprises a theoretical
introductory chapter along with perspectives from International and
European Law; part two presents 15 individual country reports on
the principle of effective legal protection in mostly EU member
states. The core function of the reports is to provide an analysis
of the domestic instruments and procedures. Adopting a contextual
approach, they consider the historical, political and legal
circumstances as well as analysing the relevant case law of the
domestic courts; the third part provides a comparative analysis of
the country reports. The final chapter assesses the influence and
relevance of EU law and the ECHR. The book thus identifies the most
important trends and makes a valuable contribution to the debate
around convergence and divergence in European national
administrative systems.
This collection presents a comparative analysis of the principle of
effective legal protection in administrative law in Europe. It
examines how European states consider and enforce the related
requirements in their domestic administrative law. The book is
divided into three parts: the first comprises a theoretical
introductory chapter along with perspectives from International and
European Law; part two presents 15 individual country reports on
the principle of effective legal protection in mostly EU member
states. The core function of the reports is to provide an analysis
of the domestic instruments and procedures. Adopting a contextual
approach, they consider the historical, political and legal
circumstances as well as analysing the relevant case law of the
domestic courts; the third part provides a comparative analysis of
the country reports. The final chapter assesses the influence and
relevance of EU law and the ECHR. The book thus identifies the most
important trends and makes a valuable contribution to the debate
around convergence and divergence in European national
administrative systems. The Open Access version of this book,
available at
https://www.taylorfrancis.com/books/principle-effective-legal-protection-administrative-law-zolt%C3%A1n-szente-konrad-lachmayer/e/10.4324/9781315553979
, has been made available under a Creative Commons Attribution-Non
Commercial-No Derivatives 4.0 licens
|
|