[PDF] Accommodating Diversity In Multilevel Constitutional Orders eBook

Author : Maja Sahadžić
Publisher : Taylor & Francis
Page : 262 pages
File Size : 38,65 MB
Release : 2023-07-19
Category : Law
ISBN : 1000909492

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This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

Author : Maja Sahadžić
Publisher :
Page : 0 pages
File Size : 15,68 MB
Release : 2023
Category : LAW
ISBN : 9781003355762

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This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order.

Author : Stephen Tierney
Publisher : Routledge
Page : 256 pages
File Size : 15,78 MB
Release : 2016-11-15
Category :
ISBN : 9781138264106

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This volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. The aim of the book is to provide a broad vision of the constitutional management of cultural diversity as seen through the prisms of different disciplines and experiences, both theoretical and practical. The contributions, which come from Canada and Europe, comprise a review of the evolving theory of cultural diversity, followed by two main case studies: a substantive study of the accommodation of indigenous peoples within different constitutional orders and, secondly, the importance of constitutional interpretation to the development of cultural diversity in complex pluralist democracies such as Australia, Canada and the UK.

Author : Jurgen de Poorter
Publisher : Springer Nature
Page : 236 pages
File Size : 23,15 MB
Release : 2023-07-25
Category : Law
ISBN : 9462655952

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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 EYCL 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.

Author : Gesa Kübek
Publisher : Bloomsbury Publishing
Page : 341 pages
File Size : 44,87 MB
Release : 2024-06-27
Category : Law
ISBN : 1509964649

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This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.

Author : Antoni Abat i Ninet
Publisher : Taylor & Francis
Page : 283 pages
File Size : 19,20 MB
Release : 2023-07-31
Category : Law
ISBN : 1000919315

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This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.

Author : Ridwanul Hoque
Publisher : Taylor & Francis
Page : 392 pages
File Size : 30,58 MB
Release : 2023-09-01
Category : Law
ISBN : 1000934160

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Marking the 50th anniversary of Bangladesh's Constitution, this book gauges its development from 1972 to 2022, focusing on its foundational goals, performances, and current challenges. The collection, presenting diverse but issue-specific chapters, shows how the people, political parties and leaders, and constitutional and legal institutions interact with each other in advancing, breaking, and remaking their Constitution. It examines the local context, parliamentary history, and interpretive tools adopted by the Supreme Court in understanding the Constitution as well as the future prospect of constitutional politics and practices. The work brings together legal professionals and constitutional law scholars to encapsulate the panorama of the country’s constitutional evolution. The authors look back to the history of constitution-making, to reflect critically on the present in light of the founding goals, spirits, and aspirations and with a view to offering a forward-looking and resilient vision of constitutionalism in Bangladesh. The book will be of interest to researchers, academics, and policy-makers working in the areas of comparative constitutional law and politics and South Asian Studies.

Author : Mark Dawson
Publisher : Edward Elgar Publishing
Page : 389 pages
File Size : 14,32 MB
Release : 2024-03-14
Category : Law
ISBN : 1035313510

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Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.

Author : Solomon A. Dersso
Publisher : Martinus Nijhoff Publishers
Page : 279 pages
File Size : 38,94 MB
Release : 2012-11-08
Category : Law
ISBN : 9004235531

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Despite decades of nation-building exercise, ethnic-based claims for substantive equality, justice and equitable political inclusion and socio-economic order continue to result in communal rivalries. These are claims that define and represent the issue of minorities in Africa, of which these conflicts are manifestations. Although ethnic conflicts in Africa have been a subject of a large number of studies, the potential and role of norms on minority rights to address claims that ethno-cultural groups raise has not received the attention it deserves. Based on materials from normative political theory and international human rights law and using an empirical and prescriptive analysis, this book defends a robust system of minority rights built around culture, equality and self-determination. This is employed to elaborate an adequate constitutional design providing policy frameworks (multilingual language policy, recognition and affirmation of cultural diversity,), structures (that ensure just representation and participation of members of all groups) and norms (that guarantee substantive equality and the rights to language, religion and culture). The study then proffers two cases studies (South Africa and Ethiopia) to ascertain how such constitutional design might be translated into actual policy frameworks, institutions and norms.