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Transnational Networking and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond

Cristina E. Parau

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266403
eISBN:
9780191879593
Item type:
book
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266403.001.0001
Subject:
Law, Legal Profession and Ethics

Studies of the fate of Judiciaries in post-Communist Central and Eastern Europe (CEE) have been rare and attempts at causal explanation rarer. This study found that interlocked transnational ... More


The EU and Constitutional Democracy in New Member States

Wojciech Sadurski

in Constitutionalism and the Enlargement of Europe

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696789
eISBN:
9780191741722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696789.003.0005
Subject:
Law, EU Law, Philosophy of Law

This chapter, following on from the discussion of the supremacy of EU law, raises the question of whether the EU has successfully promoted democracy in Central and Eastern European states by thinking ... More


Clinical Legal Education in Central and Eastern Europe: Selected Case Studies

MARIANA BERBEC-ROSTAS, ARKADY GUTNIKOV, and BARBARA NAMYSLOWSKA-GABRYSIAK

in The Global Clinical Movement: Educating Lawyers for Social Justice

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195381146
eISBN:
9780199869305
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195381146.003.0004
Subject:
Law, Public International Law

This chapter looks at the history, rationale, current design, and future potential of clinical legal education programs in Central and Eastern Europe. It describes the early developments of clinical ... More


The Construction of Participatory Democracy in Central and Eastern Europe

John E. Bonine

in Human Rights in Natural Resource Development: Public Participation in the Sustainable Development of Mining and Energy Resources

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199253784
eISBN:
9780191698163
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253784.003.0014
Subject:
Law, Human Rights and Immigration

This chapter begins with some thoughts on participatory democracy, discusses various sources of influence advocating public participation, and gives some history of the public participation ... More


The Template

Cristina E. Parau

in Transnational Networking and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266403
eISBN:
9780191879593
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266403.003.0007
Subject:
Law, Legal Profession and Ethics

This chapter analyses the origin and evolution of the Network Community’s transnational Judiciary design Template, which has now become settled public policy in post-Communist Central and Eastern ... More


Fundamental Rights and EU Enlargement

Wojciech Sadurski

in Constitutionalism and the Enlargement of Europe

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696789
eISBN:
9780191741722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696789.003.0003
Subject:
Law, EU Law, Philosophy of Law

One of the central aspects of the move towards constitutionalizing the EU was the adoption of the Charter of Fundamental Rights. There is an important ‘enlargement dimension’ to the Charter. In ... More


Enlargement of the Council of Europe and Constitutionalization of the European Court of Human Rights

Wojciech Sadurski

in Constitutionalism and the Enlargement of Europe

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696789
eISBN:
9780191741722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696789.003.0002
Subject:
Law, EU Law, Philosophy of Law

The accession of Central and Eastern European states into the Council of Europe and therefore the European Court of Human Rights system, prompted a shift of the European Court of Human Rights towards ... More


Return of the Solange Ghost: the Supremacy of EU Law and the Democracy Paradox

Wojciech Sadurski

in Constitutionalism and the Enlargement of Europe

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696789
eISBN:
9780191741722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696789.003.0004
Subject:
Law, EU Law, Philosophy of Law

Soon after the accession of Central and Eastern European states to the EU, the constitutional courts of some of these countries questioned the principle of supremacy of EU law over national ... More


The Exercise of Constituent Power in Central and Eastern Europe

Ulrich K. Preuss

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0012
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter considers the ways in which constituent power performed a role in the reconstruction of post-communist states of Central and Eastern Europe. It argues that the peculiarity of ... More


Rights-Based Constitutional Review in Central and Eastern Europe

Wojciech Sadurski

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0017
Subject:
Law, Human Rights and Immigration

The post-communist states of Central and Eastern Europe have embraced, almost without reservation, the power of constitutional courts to strike down legislation under constitutional charters of ... More


Conclusions: European Constitutional Synergies

Wojciech Sadurski

in Constitutionalism and the Enlargement of Europe

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696789
eISBN:
9780191741722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696789.003.0006
Subject:
Law, EU Law, Philosophy of Law

This concluding chapter ties up various themes of this book and suggests that the constitutional practices of new democracies in Central and Eastern Europe have greatly benefited from the accession ... More


Introduction

Wojciech Sadurski

in Constitutionalism and the Enlargement of Europe

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696789
eISBN:
9780191741722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696789.003.0001
Subject:
Law, EU Law, Philosophy of Law

The EU represents the most formidable case of ‘constitutionalism beyond the nation-state’ and the Council of Europe has also manifested a move towards constitutionalism in so far as the European ... More


The Political Rights of National Minorities: Lessons from Central and Eastern Europe

Gwendolyn Sasse

in Political Rights Under Stress in 21st Century Europe

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199296033
eISBN:
9780191700736
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296033.003.0007
Subject:
Law, Human Rights and Immigration

This chapter places the issue of minority rights in the wider legal and theoretical context of rights and classifies them as political rights. Drawing on the experience of Central and Eastern Europe, ... More


Constitutionalism and the Enlargement of Europe

Wojciech Sadurski

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696789
eISBN:
9780191741722
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696789.001.0001
Subject:
Law, EU Law, Philosophy of Law

After the fall of Communism in Central and Eastern Europe, the newly democratized countries of this region joined two main pan‐European political and legal structures: the Council of Europe and the ... More


The Role of Political Rights in the Democratization of Central and Eastern Europe

Jiří Přibáň and Wojciech Sadurski

in Political Rights Under Stress in 21st Century Europe

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199296033
eISBN:
9780191700736
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296033.003.0006
Subject:
Law, Human Rights and Immigration

Political terror had not vanished from the region of Central and Eastern Europe by the 1970s and 1980s, but was limited and exercised only against a tiny minority of dissident groups and human rights ... More


In the Vanguard of Abolition

Roger Hood and Carolyn Hoyle

in The Death Penalty: A Worldwide Perspective

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199228478
eISBN:
9780191696329
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228478.003.0003
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

This chapter discusses the stance taken by the countries that have been in the vanguard of the abolitionist movement: Western Europe and Australasia, Eastern Europe, countries of the former Soviet ... More


Charter Impact: Influencing Local Self-Government in Europe

C. M. G. Himsworth

in The European Charter of Local Self-Government: A Treaty for Local Democracy

Published in print:
2015
Published Online:
May 2018
ISBN:
9781474403337
eISBN:
9781474416092
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474403337.003.0006
Subject:
Law, EU Law

An important question in relation to the European Charter of Local Self-Government is how to measure the treaty’s actual impact on the law and practice of local government in Europe. This chapter ... More


General Conclusions

C. M. G. Himsworth

in The European Charter of Local Self-Government: A Treaty for Local Democracy

Published in print:
2015
Published Online:
May 2018
ISBN:
9781474403337
eISBN:
9781474416092
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474403337.003.0008
Subject:
Law, EU Law

This final chapter traces the European Charter of Local Self-Government’s trajectory over its thirty years. It was born in times of post-War European enthusiasm for co-operation between states; ... More


Introduction

Wojciech Sadurski

in Political Rights Under Stress in 21st Century Europe

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199296033
eISBN:
9780191700736
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296033.003.0001
Subject:
Law, Human Rights and Immigration

The issue of political rights is universal, but each historical moment imparts upon the discussion of those rights its own special concerns. This book has been written at a time when two phenomena ... More


Comparative Law

Uwe Kischel

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198791355
eISBN:
9780191833830
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198791355.001.0001
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This translation of Rechtsvergleichung offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative ... More


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