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National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports

Albi, Anneli and Bardutzky, Samo, eds. (2019) National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports. Asser Press and Springer Open, 1522 pp. ISBN 978-94-6265-272-9. E-ISBN 978-94-6265-273-6. (doi:10.1007/978-94-6265-273-6) (KAR id:74386)

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https://www.springer.com/us/book/9789462652729

Abstract

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law.

Item Type: Edited book
DOI/Identification number: 10.1007/978-94-6265-273-6
Uncontrolled keywords: Constitutional Courts European Arrest Warrant Fundamental Rights Data Retention Directive Judicial Dialogues European Commission and IMF European Court of Justice Constitutional Amendments EU and International Law Supremacy European Constitutionalism
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Sian Robertson
Date Deposited: 13 Jun 2019 10:11 UTC
Last Modified: 14 Nov 2023 11:47 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/74386 (The current URI for this page, for reference purposes)

University of Kent Author Information

Albi, Anneli.

Creator's ORCID: https://orcid.org/0000-0002-5949-8435
CReDIT Contributor Roles:

Bardutzky, Samo.

Creator's ORCID:
CReDIT Contributor Roles:
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