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

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

    Anneli Albi (Editor)Samo Bardutzky (Editor)

    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. 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.

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

    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 dec

    Additional Information

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    Publication

    Publish Date

    2019 Jan 01

    Authors
    Anneli Albi (Editor)Samo Bardutzky (Editor)

    ISBN

    978-94-6265-273-6

    About the authors

    Anneli Albi (Editor)
    Anneli Albi (Editor)

    Law School University of Kent Canterbury, UK.  

      Anneli Albi (Editor)
      Samo Bardutzky (Editor)
      Samo Bardutzky (Editor)

      Law School University of Ljubljana Ljubljana, Slovenia. Samo Bardutzky studied Law in Ljubljana and Greifswald. In 2007, he became a researcher, funded by the Slovenian national research agency (ARRS), at the University of Ljubljana Faculty of Law, and completed his doctoral studies in 2013. During that time, he also served as coordinator of the Legal Clinic for Refugees and Foreigners. In 2012/2013 he was Fulbright Research Scholar at the University of Michigan Law School.  Between 2013 and 2017, Samo worked as a Postdoctoral Research Associate at the University of Kent Law School within the framework of a European Research Council funded project on the Role and Future of National Constitutions in European and Global Governance. In 2014, he spent a month as Visiting Researcher at the Walter Hallstein Institute for European Constitutional Law, Humboldt University, Berlin. He was also Teaching Fellow (EU Law) at SOAS, University of London School of Law in 2015/2016.  Samo passed the State Exam in 2009 and served as Senior Legal Advisor to the Slovenian Ministry of Justice between 2009 and 2012. Since February 2017, he is Assistant Professor of Constitutional Law at the University of Ljubljana Faculty of Law.  

      Samo Bardutzky (Editor)

      Tags

      Constitutional CourtsEuropean Arrest WarrantFundamental RightsData Retention DirectiveJudicial DialoguesEuropean Commission and IMFEuropean Court of JusticeConstitutional AmendmentsEU and International Law SupremacyEuropean Constitutionalismopen access

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