Author : Thomas Barkhuysen
Publisher : BRILL
Page : 145 pages
File Size : 34,76 MB
Release : 2006
Category : Law
ISBN : 9004148523
This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.
Author : Jennifer Nedelsky
Publisher : University of Chicago Press
Page : 358 pages
File Size : 22,17 MB
Release : 1994-06-15
Category : Law
ISBN : 0226569713
Federalists vision of the Constitution; an interdisciplinary investigation.
Author : Hans-W. Micklitz
Publisher : Oxford University Press, USA
Page : 289 pages
File Size : 48,23 MB
Release : 2014
Category : Law
ISBN : 0198712103
One of the most topical questions in the legal systems is whether and to what extent fundamental rights impact our rights and obligations in our contractual relations. The European Union has integrated the Charter of Fundamental Rights into the Treaties of Rome and Lisbon. This book highlights whether and to what extent fundamental rights affect the position of citizens generally and in various fields of law, such as private (contractual) law, labour law,financial services, intellectual property rights, and the judicial protection in courts.
Author : Jud Mathews
Publisher : Oxford University Press
Page : 265 pages
File Size : 30,32 MB
Release : 2018-03-13
Category : Law
ISBN : 0190682930
Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.
Author : András Sajó
Publisher : Eleven International Publishing
Page : 331 pages
File Size : 45,64 MB
Release : 2005
Category : Civil rights
ISBN : 9077596135
The contributors of this volume address various issues pertaining to 'Third Party Effect'. It provides an in-depth analysis of jurisprudence, placing problems in a comparative legal and theoretical perspective. According to a classical tenet of constitutionalism the constitution and constitutional law deal with state actors. In the 20th century the concept of 'third party effect' emerged, which has seen constitutional rights and principles apply in private relations as well. This raises various questions, such as what are the jurisprudential and political reasons of this change? Is this concept brought about by the welfare state? What are its practical consequences? Is individual liberty enhanced when the state claims to promote a right? How do such understandings influence the role of constitutional and supreme courts? Are there equivalent doctrines to the third party effect? How does the trend influence government spending and redistribution? How does the US 'state action' doctrine compare with the third party/horizontal effect doctrine familiar in other domestic and international jurisdictions?
Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 47,98 MB
Release : 2019-10-16
Category : Law
ISBN : 1000707970
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Author : Christian Joerges
Publisher :
Page : 157 pages
File Size : 33,91 MB
Release : 2011
Category : Civil law
ISBN : 9788293137313
Author : Michael W. Dowdle
Publisher : Cambridge University Press
Page : 375 pages
File Size : 16,78 MB
Release : 2017-01-26
Category : Law
ISBN : 1316943089
Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.
Author : Roberto Gargarella
Publisher : Cambridge University Press
Page : 287 pages
File Size : 33,3 MB
Release : 2010-04-12
Category : Political Science
ISBN : 1139485989
The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
Author : Tom Barkhuysen
Publisher :
Page : 0 pages
File Size : 20,81 MB
Release : 2015
Category :
ISBN :
Some say that human rights are not relevant to private law because these rights are effective only in the relationship between a state and its citizens. Others might say that human rights do not affect the right of private parties to enter into contracts or to draw up wills that are entirely arbitrary and contrary to human rights. This article need not be written if these statements tum out to be correct. After all, we are supposed to discuss the role of the European Convention on Human Rights - a human rights convention to which all European states are parties - in the development termed the constitutionalisation of private law. But are these statements correct, or should we conclude rather that human rights are increasingly relevant to private law, as others say? The answer to this question is not evident and it is interesting to examine the role played in private law by human rights. The focus of this article therefore is the question whether and if so, and to what extent, human rights influence private law (not considering procedural law) and thus contribute to the constitutionalisation of this area of law. We confine ourselves to the European Convention on Human Rights (ECHR or Convention), because the rights contained therein apply to all European states. Moreover, we will only examine to what extent the Convention finds - directly or indirectly - application in private law, without considering whether the standards of the Convention are a material addition to the effective national private law standards. As practitioners of constitutional and administrative law as well as European law we are not equipped to answer this last question. This we would like to leave to civil law practitioners. To come straight to the point: the conclusion of this article will be that the ECHR definitely plays a role in private law. Partly for that reason it can no longer be said that private individuals are entitled to arbitrariness. Although this role of the ECHR should not be overestimated, it should certainly not be underestimated.
