The Constitution of Poland

A Contextual Analysis

Author: Miroslaw Granat,Katarzyna Granat

Publisher: Hart Publishing

ISBN: 9781509913947

Category:

Page: 240

View: 4015

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This book focuses on the Polish Constitution of 1997, concentrating on its structure, its substance and some of the institutional choices made by the drafters. The core of the Constitution is similar to other liberal democratic constitutions, but, in addition, regulates a number of issues, such as public finances and sources of law, that are new to Polish constitutionalism and to constitutionalism in general. It considers in a detailed manner certain institutional choices made in the Constitution, such as the bicameral parliament, the peculiar structure of the executive branch, as well as the principles of independence and impartiality of the judiciary, fundamental rights and local government.Offering a contextual analysis, the book discusses the main philosophical ideas and value systems that influenced the drafters of the Constitution in the early 1990s. The authors argue that the value choices made reflect a compromise between the main political forces of the period. For instance, the Constitution invokes and balances multiple political, social and historic values, such that none is minimalized or excluded. This inclusive approach is especially visible in the preamble to the Constitution. Moreover the broad, modern catalogue of freedoms and rights in the Constitution reflect similar axiological concerns, anchoring human rights in the concept of human dignity. It is a vital resource for all those interested in Poland's constitution, and the rich comparative constitutional insights the country offers.

The Constitution of the United Kingdom

A Contextual Analysis

Author: Peter Leyland

Publisher: Hart Publishing

ISBN: 1841136662

Category: Law

Page: 239

View: 5812

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The book provides an outline of the principles and doctrines which make up the United Kingdom constitution. The chapters are written in sufficient detail for anyone coming to the subject for the first time to develop a clear and informed view of how the constitution is arranged and how it works. The text is written in an accessible style, with an emphasis on clarity and concision. It includes a list of references for further reading at the end of each chapter.

The Constitutional Systems of the Independent Central Asian States

A Contextual Analysis

Author: Scott Newton

Publisher: Bloomsbury Publishing

ISBN: 1509909478

Category: Law

Page: 368

View: 352

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This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan in their cultural, historical, political, economic and social context. The first chapter provides a general overview of the diverse and dynamic constitutional landscape across the region. A second chapter examines the Soviet constitutional system in depth as the womb of the Central Asian States. A third chapter completes the general picture by examining the constitutional influences of the 'new world order' of globalisation, neoliberalism, and good governance into which the five states were thrust. The remaining five chapters look in turn at the constitutional context of presidents and governments, parliaments and elections, courts and rights, society and economy and culture and identity. The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism, and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere.

The Principle of Subsidiarity and its Enforcement in the EU Legal Order

The Role of National Parliaments in the Early Warning System

Author: Katarzyna Granat

Publisher: Bloomsbury Publishing

ISBN: 1509908684

Category: Law

Page: 272

View: 4739

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In this book, Katarzyna Granat analyses and evaluates Europe's experience with the Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle. The EWS was introduced in response to the perceived 'democratic deficit' of the EU and its 'creeping' competences, and represented one of the landmark reforms of the Lisbon Treaty. The purpose of this book is to present and critically analyse the functioning of the new mechanism of subsidiarity review and the role that national parliaments have played within this system. Compared to the existing leading publications on the Europeanisation of national parliaments and contributions on the EU principle of subsidiarity, this book offers – for the first time – a profound legal analysis of the procedure enriched by a comprehensive empirical analysis of the activities of national parliaments. It is directed at scholars of EU law and policy, European and national officials, and legal practitioners working in and with the national legislatures.

The Internet and Constitutional Law

The protection of fundamental rights and constitutional adjudication in Europe

Author: Oreste Pollicino,Graziella Romeo

Publisher: Routledge

ISBN: 1317407997

Category: Law

Page: 264

View: 3683

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This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.

Constitutional Justice, East and West

Democratic Legitimacy and Constitutional Courts in Post-Communist Europe in a Comparative Perspective

Author: Wojciech Sadurski

Publisher: Springer Science & Business Media

ISBN: 9789041118837

Category: Philosophy

Page: 453

View: 4919

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How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.

Takings International

A Comparative Perspective on Land Use Regulations and Compensation Rights

Author: R. Alterman

Publisher: American Bar Association

ISBN: 9781604425505

Category: Law

Page: 390

View: 328

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This book is the first large-scale effort devoted to this controversial issue, providing a vast platform of comparative knowledge on direct, indirect, categorical, and partial takings. Written for legal professionals, academics, urban and regional planners, real estate developers, and civil-society groups, the book analyzes thirteen advanced economy countries representing a variety of legal regimes, institutional structures, cultures, geographic sizes, and population densities.

Choice

Publication of the Association of College and Research Libraries, a Division of the American Library Association

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Academic libraries

Page: N.A

View: 7230

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The Library Journal

Chiefly Devoted to Library Economy and Bibliography

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Libraries

Page: N.A

View: 4037

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Includes, beginning Sept. 15, 1954 (and on the 15th of each month, Sept.-May) a special section: School library journal, ISSN 0000-0035, (called Junior libraries, 1954-May 1961). Also issued separately.