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The Internationalisation of Constitutional Law: A View from the Venice Commission

The Internationalisation of Constitutional Law: A View from the Venice Commission

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509942633
  • 出版时间 June 2022
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509941476

List Price: ¥434.28

¥421.25 Save ¥13.03 (3%)

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  • 描述 
  • 大纲 
  • 详细

    In this book one of the longest-standing members of The Venice Commission reflects on the work of the institution to show how constitutional law in Europe (and beyond) has become increasingly borderless.

    Over nine chapters, the book tracks the work of the Commission, illustrating the law both in action and in its broader political and historical context. It looks at its treatment of the judiciary and judicial conflicts, including the present crisis of the rule of law in Central Eastern Europe Member States of the European Union. Finally it suggests how all this can only be sensibly understood as a feature of the broader trend towards the internationalisation of constitutional law.

  • Introduction
    1. The Development of the Role of the Venice Commission
    I. The Transition to Democracy and Rule of Law in Central and Eastern Europe
    II. The Take-Off of the Activity of the Venice Commission
    III. Rule of Law and Separation of Powers
    IV. Forms of Government
    V. Judicial Review
    2. European Conditionality, Living Constitution and Constitutional Drafting
    I. The Many Faces of Conditionality
    II. From the Council of Europe to the EU – The Living Constitution
    III. Accession of New Member States to the EU
    IV. Post-Accession Conditionality and Compliance
    V. Constitutional and Legislative Drafting
    3. The European Constitutional Heritage as a Yardstick for the New Democracies
    I. The Research of a Parameter
    II. Paradoxes and History of the Concept of the European Constitutional Heritage
    III. Comparing Western and Eastern Europe Traditions
    IV. The Impact of the Western Tradition
    4. The Epiphany of the International Constitutional Law
    I. Constitutionalism and International Law
    II. International Law, Transnational Law and National Law
    III. The Making of International Constitutional Law: The Role of the Venice Commission
    IV. Precedents and Examples
    5. International Constitutional Law: Sources and Materials
    I. International Law and Transnational Law
    II. The Research of the Historical Roots
    III. The Dubious Contribution of the Central and Eastern European Countries
    IV. Conclusions
    6. The Venice Commission's Contribution to the Internationalisation of Constitutional Law Regarding States' Judicial Organisation
    I. Introduction: The Separation of Powers and Its Implementation
    II. Judicial Councils and Other Solutions
    III. The Functions of Judicial Councils
    IV. Budgetary and Financial Matters
    V. The Prosecution Service
    VI. Crises and Difficulties of the Mediterranean Model
    VII. Corruption, Miscarriages and Vetting Procedures
    VIII. Conclusions
    7. Constitutional Justice in the Frame of the Rule of Law
    I. Setting the Scene
    II. Institutional Position and Composition of Constitutional Courts
    III. Jurisdiction and Functions
    IV. Effects of the Decisions of the Constitutional Courts
    V. Tensions between Constitutional Courts and Other Branches of the State
    VI. Constitutional Justice, Rule of Law and Dialogue between the Courts
    8. Conclusions and Perspectives
    I. The Conclusions of the Research
    II. Tensions in the European Union and Symptoms of Backsliding
    III. The Reaction of the European Judges
    IV. International Constitutional Law: Principles, Norms or Standards?
    V. European or Universal Perspectives?

    Appendix 1: Monitoring Committee and Venice Commission: 27 Years of Growing Interaction
    Appendix 2: Comparative Constitutional Law – An Indispensable Tool for the Creation of Transnational Law

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