Advertisement

Table of contents

  1. Front Matter
    Pages i-xxiv
  2. Introduction

  3. Political or Historical Constitutions: The Predominance of Parliament with the Absence of or a Weak Role for a Constitutional Court, and a Generic or ECHR-Based Bill of Rights

  4. The Post-Totalitarian or Post-Authoritarian Constitutions of the ‘Old’ Member States: An Extensive Bill of Rights, Rule of Law Safeguards and Constitutional Review by a Constitutional Court

    1. Front Matter
      Pages 405-405
    2. Dieter Grimm, Mattias Wendel, Tobias Reinbacher
      Pages 407-492 Open Access
    3. Giuseppe Martinico, Barbara Guastaferro, Oreste Pollicino
      Pages 493-541 Open Access
    4. Francisco Pereira Coutinho, Nuno Piçarra
      Pages 591-639 Open Access
    5. Xenophon Contiades, Charalambos Papacharalambous, Christos Papastylianos
      Pages 641-683 Open Access
  5. The Post-Totalitarian Constitutions of the ‘New’ Member States from the Post-Communist Area: A Detailed Bill of Rights, Rule of Law Safeguards and Constitutional Review Entrenched after the Recent Memory of Arbitrary Exercise of Power

    1. Front Matter
      Pages 685-685
    2. Zuzana Vikarská, Michal Bobek
      Pages 835-886 Open Access
    3. Madis Ernits, Carri Ginter, Saale Laos, Marje Allikmets, Paloma Krõõt Tupay, René Värk et al.
      Pages 887-950 Open Access
    4. Kristīne Krūma, Sandijs Statkus
      Pages 951-995 Open Access
    5. Iris Goldner Lang, Zlata Đurđević, Mislav Mataija
      Pages 1139-1177 Open Access
  6. Traditional or Hybrid Legal Constitutions: Combining Strict and Flexible Aspects, e.g. an Older or ECHR-Based Bill of Rights

    1. Front Matter
      Pages 1179-1179
    2. Laurence Burgorgue-Larsen, Pierre-Vincent Astresses, Véronique Bruck
      Pages 1181-1223 Open Access
    3. Patricia Popelier, Catherine Van de Heyning
      Pages 1225-1270 Open Access
    4. Constantinos Kombos, Stéphanie Laulhé Shaelou
      Pages 1373-1432 Open Access
  7. Specific Constitutional Developments

    1. Front Matter
      Pages 1433-1433
    2. Nóra Chronowski, Márton Varju, Petra Bárd, Gábor Sulyok
      Pages 1439-1488 Open Access
  8. Reforming the National Constitution in View of Global Governance

    1. Front Matter
      Pages 1489-1489
    2. Raffaela Kunz, Anne Peters
      Pages 1491-1522 Open Access

About this book

Introduction

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.


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 Open Access

Editors and affiliations

  • Anneli Albi
    • 1
  • Samo Bardutzky
    • 2
  1. 1.Law SchoolUniversity of KentCanterburyUK
  2. 2.Law SchoolUniversity of LjubljanaLjubljanaSlovenia

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-6265-273-6
  • Copyright Information The Editor(s) (if applicable) and The Author(s) 2019
  • License CC BY
  • Publisher Name T.M.C. Asser Press, The Hague
  • eBook Packages Law and Criminology
  • Print ISBN 978-94-6265-272-9
  • Online ISBN 978-94-6265-273-6
  • Buy this book on publisher's site