[PDF] The Constitution Of The Greek Cypriot State And The Constitution Of The Turkish Cypriot State eBook

Author : Achilles C. Emilianides
Publisher : Kluwer Law International B.V.
Page : 264 pages
File Size : 38,50 MB
Release : 2019-02-13
Category : Law
ISBN : 940350725X

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Cyprus provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Cyprus will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Author : Kypros Chrysostomides
Publisher : BRILL
Page : 651 pages
File Size : 21,72 MB
Release : 2021-07-26
Category : Law
ISBN : 9004482644

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The island of Cyprus has been the scene of one of the most tragic conflicts in post-war Europe. A country with a long and rich tradition and much to contribute to all of the cultures of the Mediterranean, Cyprus has been torn apart almost since the day of its independence. Since 197, more than a third of the island has been occupied by Turkey. Attempts to find a peaceful solution to the conflict has come and gone but the status quo, branded as unacceptable by the United Nations, has remained. Why this is so has already been the subject of many studies. Few, however, have analysed in any detail the position of Cyprus in international law. Yet an understanding of how the rule of law in international society applies to Cyprus is essential to a proper understanding of the Cyprus question. In his new book, Dr Chrysostomides offers just such an analysis, examining with great care the constitutional history of the Republic of Cyprus, the legal principles applicable to the Turkish invasion of 10974 and subsequent occupation and the substantial body of case law and State practice regarding Cyprus since that date. He discusses the competing legal arguments concerning the application of the Republic of Cyprus to join the European Union, the controversial decisions of the European Court and commission of Human Rights, and the debates regarding the status of the occupied northern part of Cyprus. His conclusion is that the Republic of Cyprus has had a continuous existence as a State – and as the only State on the island of Cyprus – since 1960, notwithstanding all of the violations of international law to which it has been subjected. From the Foreword by Christopher Greenwood, QC

Author : Frank Hoffmeister
Publisher : Martinus Nijhoff Publishers
Page : 305 pages
File Size : 42,6 MB
Release : 2006
Category : Law
ISBN : 9004152237

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The five versions of the comprehensive settlement plan for Cyprus, which UN Secretary-General Annan tabled between 2002 and 2004, raised a variety of international law and European law questions. This book contains the first systematic analysis of the Annan plan, thereby providing an overview of the legal aspects of the Cyprus problem. It also discusses how the plan was intended to be accommodated in the European legal order. Did it comply with the fundamental principle of democracy, rule of law and human rights? Would a united Cyprus have been able to speak with one voice and to implement EU law properly? The Author, who has worked both for the European Commission and for the UN Special Advisor on Cyprus, presents a precise account of facts and thorough legal assessments. He also tackles current legal problems arising out of Cyprus' membership in the EU and the suspension of the "acquis communautaire" in the northern part of Cyprus. He finally analyses how the question of recognition affects the relations between Cyprus and Turkey. The book is an ideal choice for practitioners and researchers because it combines first hand information on the most recent developments on Cyprus with legal evaluations from an international official trained in international and European law.

Author : Anneli Albi
Publisher : Springer
Page : 1522 pages
File Size : 30,89 MB
Release : 2019-05-29
Category : Law
ISBN : 9462652732

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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. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Author : Marios Adamides
Publisher :
Page : 126 pages
File Size : 18,98 MB
Release : 2017-03-14
Category :
ISBN : 9781520829999

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The Republic of Cyprus became an independent state on August 16 1960 after being a British colony since 1878. The Cyprus Constitution provided for a unitary state based on a certain degree of communal autonomy of the two communities of Cyprus, the Greek Majority of 82% and the Turkish Minority of 18%. The text of the Constitution consists of 199 Articles and 3 Annexes. Annex1 includes the Treaty of Guarantee of the Republic of Cyprus and Annex 2 the Treaty of Alliance between Cyprus, Greece and Turkey. In this edition one can find the original text in English, contained in the Cyprus Act of the British Parliament, that was later translated in Greek and Turkish, the two authentic languages of the Cypriot Constitution.

Author : Iacovos Kareklas
Publisher : Rowman & Littlefield
Page : 235 pages
File Size : 31,52 MB
Release : 2021-10-18
Category : Law
ISBN : 1793642745

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Constitutional Law and Federations provides a concise overview of the British occupation of Cyprus(1878-1959), the efforts of the Greek Cypriots for independence, and the structure and peculiarities of the current Cyprus Constitution. Federal states and the concept of federalism worldwide and, in every era, have come into being because of important political and security reasons dictating or necessitating the creation of such governmental organizations. The bi-zonal federation envisaged for Cyprus, in the Accords of 1977 and 1979 is not in compliance with these prerequisites. According to objective legal norms, bi-communal and bi-zonal federation flagrantly violates international law and is incompatible with the notion of human rights with regard to Cyprus. A federation modelled on the United States of America federal Constitution could, indeed, provide an ideal framework for settling the Cyprus problem and safeguarding the protection of basic human rights and constitutional freedoms for all sections of the population on the island. This book will be of interest to scholars and students of constitutional law, international law and international relations as well as diplomats, who deal not only with the Cyprus issue but also with related regional and international issues.

Author : G. M. Pikis
Publisher : Martinus Nijhoff Publishers
Page : 189 pages
File Size : 35,8 MB
Release : 2006
Category : Law
ISBN : 9004152415

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The Constitution incorporates human rights as a dominant feature of its order pervading every aspect of the law and has been the sole source of authority, with the Judiciary cast as a watchdog trusted to ensure that no branch of the State transgresses the boundaries of its powers. The book chronicles through the case law of the Supreme Court, a precedent of constitutionalism worthy of the attention of every scholar of constitutional law.