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The written contributions compiled in this book are based upon lectures held during a symposium on the administrative law implementation & enforcement of community law organized by the Directorate General Financial Control & the Dutch Law Association for the Study of Protection of Financial Interests of the EC. The topic is regarded from the perspective of both administrative practice & administrative law. While concentrating on the Dutch case the arguments put forward should also be of interest to the other EC countries since they also have to deal with both community law & national administrative law. Furthermore the book sheds light upon the development of community law in general. The importance of national administrative law for the putting into practice of community law is a topic which has received increasing attention from both the sides of administrative practice & legal science. At the same time it is clear that administrative law has acquired more & more community tasks & obligations. The latter development might point towards an European version of administrative law in the future.
After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world – China, Cuba, Laos, North Korea, and Vietnam – which constitute about one-quarter of the world’s population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.
This Constitution is written with the future in mind. It is intended to set forth a basic model, and fundamental principles and guidelines, for the nature and functioning of a vastly different society and government than now exists: a socialist state which would embody, institutionalize and promote radically different relations and values among people; a socialist state whose fundamental aim, together with revolutionary struggle throughout the world, would be the emancipation of humanity as a whole. Original.
In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.
From Algeria to Zimbabwe, Constitutions of the World is a guide to the constitutions and constitutional histories of eighty nations. It will prove an invaluable resource for any teacher or student interested in politics, law, human rights or the political history of nations across the world. Strucured alphabetically each chapter profiles one country in an easy-to-use format. For every country a wealth of information is to be found.
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.
“A masterful depiction of the party today. . . . McGregor illuminates the most important of the contradictions and paradoxes. . . . An entertaining and insightful portrait of China’s secretive rulers.” —The Economist “Few outsiders have any realistic sense of the innards, motives, rivalries, and fears of the Chinese Communist leadership. But we all know much more than before, thanks to Richard McGregor’s illuminating and richly-textured look at the people in charge of China’s political machinery. . . . Invaluable.” — James Fallows, National Correspondent for The Atlantic In this provocative and illuminating account, Financial Times reporter Richard McGregor offers a captivating portrait of China’s Communist Party, its grip on power and control over China, and its future. China’s political and economic growth in the past three decades has been one of astonishing, epochal dimensions. The most remarkable part of this transformation, however, has been left largely untold—the central role of the Chinese Communist Party. McGregor delves deeply into China’s inner sanctum for the first time, showing how the Communist Party controls the government, courts, media, and military and keeps all corruption accusations against its members in-house. The Party’s decisions have a global impact, yet the CCP remains a deeply secretive body, hostile to the law and unaccountable to anyone or anything other than its own internal tribunals. It is the world’s only geopolitical rival of the United States, and is primed to think the worst of the West.
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.