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The Internationalisation of Constitutional Law: A View from the Venice Commission (eBook)

Sergio Bartole

ISBN13: 9781509941483
Published: December 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £34.19
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Also available as
Hardback
9781509941476
£90.00

In this book one of the longest standing members of The Venice Commission reflects on the work of the institution to show how constitutional law in Europe (and beyond) has become increasingly borderless.

Over nine chapters, the book tracks the work of the Commission, illustrating the law both in action and in its broader political and historical context. It looks at its treatment of the judiciary and judicial conflicts including the present crisis of the rule of law in Central Eastern Europe Member States of the European Union. Finally it suggests how all this can only be sensibly understood as a feature of the broader trend towards the internationalisation of constitutional law.

Subjects:
Constitutional and Administrative Law, eBooks
Contents:
Introduction
1. The Development of the Role of the Venice Commission
I. The Transition to Democracy and Rule of Law in Central and Eastern Europe
II. The Take-Off of the Activity of the Venice Commission
III. Rule of Law and Separation of Powers
IV. Forms of Government
V. Judicial Review
2. European Conditionality, Living Constitution and Constitutional Drafting
I. The Many Faces of Conditionality
II. From the Council of Europe to the EU – The Living Constitution
III. Accession of New Member States to the EU
IV. Post-Accession Conditionality and Compliance
V. Constitutional and Legislative Drafting
3. The European Constitutional Heritage as a Yardstick for the New Democracies
I. The Research of a Parameter
II. Paradoxes and History of the Concept of the European Constitutional Heritage
III. Comparing Western and Eastern Europe Traditions
IV. The Impact of the Western Tradition
4. The Epiphany of the International Constitutional Law
I. Constitutionalism and International Law
II. International Law, Transnational Law and National Law
III. The Making of International Constitutional Law: The Role of the Venice Commission
IV. Precedents and Examples
5. International Constitutional Law: Sources and Materials
I. International Law and Transnational Law
II. The Research of the Historical Roots
III. The Dubious Contribution of the Central and Eastern European Countries
IV. Conclusions
6. The Venice Commission's Contribution to the Internationalisation of Constitutional Law Regarding States' Judicial Organisation
I. Introduction: The Separation of Powers and Its Implementation
II. Judicial Councils and Other Solutions
III. The Functions of Judicial Councils
IV. Budgetary and Financial Matters
V. The Prosecution Service
VI. Crises and Difficulties of the Mediterranean Model
VII. Corruption, Miscarriages and Vetting Procedures
VIII. Conclusions
7. Constitutional Justice in the Frame of the Rule of Law
I. Setting the Scene
II. Institutional Position and Composition of Constitutional Courts
III. Jurisdiction and Functions
IV. Effects of the Decisions of the Constitutional Courts
V. Tensions between Constitutional Courts and Other Branches of the State
VI. Constitutional Justice, Rule of Law and Dialogue between the Courts
8. Conclusions and Perspectives
I. The Conclusions of the Research
II. Tensions in the European Union and Symptoms of Backsliding
III. The Reaction of the European Judges
IV. International Constitutional Law: Principles, Norms or Standards?
V. European or Universal Perspectives?
Appendix 1: Monitoring Committee and Venice Commission: 27 Years of Growing Interaction
Appendix 2: Comparative Constitutional Law – An Indispensable Tool for the Creation of Transnational Law

Series: Parliamentary Democracy in Europe

Cover of Changing Parliaments in a Changing European Union The Role of National Legislatures in Larger Member States
Changing Parliaments in a Changing European Union The Role of National Legislatures in Larger Member States
Diane Fromage
ISBN 9781509914623
To be published July 2028
Hart Publishing
£65.00
Cover of Parliamentarism and Encyclopaedism: Parliamentary Democracy in an Age of Fragmentation
Parliamentarism and Encyclopaedism: Parliamentary Democracy in an Age of Fragmentation
Giovanni Rizzoni
ISBN 9781509964000
Published August 2025
Hart Publishing
£44.99
Cover of Parliamentarism and Encyclopaedism: Parliamentary Democracy in an Age of Fragmentation (eBook)
Parliamentarism and Encyclopaedism: Parliamentary Democracy in an Age of Fragmentation (eBook)
Giovanni Rizzoni
ISBN 9781509963928
Published February 2024
Hart Publishing
£40.49

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Cover of Parliamentarism and Encyclopaedism: Parliamentary Democracy in an Age of Fragmentation
Parliamentarism and Encyclopaedism: Parliamentary Democracy in an Age of Fragmentation
Giovanni Rizzoni
ISBN 9781509963911
Published February 2024
Hart Publishing
£95.00
Cover of Germany’s Dual Constitution: Parliamentary Democracy in the Federal Republic
Germany’s Dual Constitution: Parliamentary Democracy in the Federal Republic
Florian Meinel
ISBN 9781509943432
Published January 2023
Hart Publishing
£35.99
Cover of The European Parliament and Delegated Legislation: An Institutional Balance Perspective
The European Parliament and Delegated Legislation: An Institutional Balance Perspective
Merijn Chamon
ISBN 9781509931859
Published November 2022
Hart Publishing
£80.00
Cover of The European Parliament and Delegated Legislation: An Institutional Balance Perspective (eBook)
The European Parliament and Delegated Legislation: An Institutional Balance Perspective (eBook)
Merijn Chamon
ISBN 9781509931866
Published November 2022
Hart Publishing
£72.00

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Cover of Executive-Legislative (Im)balance in the European Union
Executive-Legislative (Im)balance in the European Union
Edited by: Diane Fromage, Anna Herranz-Surrallés
ISBN 9781509944514
Published October 2022
Hart Publishing
£54.99
Cover of Germany’s Dual Constitution: Parliamentary Democracy in the Federal Republic
Germany’s Dual Constitution: Parliamentary Democracy in the Federal Republic
Florian Meinel
ISBN 9781509943395
Published July 2021
Hart Publishing
£80.00
Cover of Germany’s Dual Constitution: Parliamentary Democracy in the Federal Republic (eBook)
Germany’s Dual Constitution: Parliamentary Democracy in the Federal Republic (eBook)
Florian Meinel
ISBN 9781509943401
Published July 2021
Hart Publishing
£32.39

Due to a technical issue some ebooks are not available to order.

Cover of Executive-Legislative (Im)balance in the European Union (eBook)
Executive-Legislative (Im)balance in the European Union (eBook)
Edited by: Diane Fromage, Anna Herranz-Surrallés
ISBN 9781509930012
Published February 2021
Hart Publishing
£49.49

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Cover of Executive-Legislative (Im)balance in the European Union
Executive-Legislative (Im)balance in the European Union
Edited by: Diane Fromage, Anna Herranz-Surrallés
ISBN 9781509930005
Published February 2021
Hart Publishing
£110.00
Cover of The Internationalisation of Constitutional Law: A View from the Venice Commission
The Internationalisation of Constitutional Law: A View from the Venice Commission
Sergio Bartole
ISBN 9781509941476
Published December 2020
Hart Publishing
£90.00
Cover of Parliamentary Oversight of the Executives: Tools and Procedure in Europe (eBook)
Parliamentary Oversight of the Executives: Tools and Procedure in Europe (eBook)
Elena Griglio
ISBN 9781509925698
Published October 2020
Hart Publishing
£35.09

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Cover of The Principle of Subsidiarity and its Enforcement in the EU Legal Order: he Role of National Parliaments in the Early Warning System:
The Principle of Subsidiarity and its Enforcement in the EU Legal Order: he Role of National Parliaments in the Early Warning System:
Katarzyna Granat
ISBN 9781509941179
Published October 2020
Hart Publishing
£49.99
Cover of Parliamentary Oversight of the Executives: Tools and Procedure in Europe
Parliamentary Oversight of the Executives: Tools and Procedure in Europe
Elena Griglio
ISBN 9781509925681
Published October 2020
Hart Publishing
£100.00
Cover of The Italian Parliament in the European Union
The Italian Parliament in the European Union
Edited by: Nicola Lupo, Giovanni Piccirilli
ISBN 9781509936670
Published February 2020
Hart Publishing
£35.99
Cover of Interparliamentary Cooperation in the Composite European Constitution
Interparliamentary Cooperation in the Composite European Constitution
Edited by: Nicola Lupo, Cristina Fasone
ISBN 9781509924424
Published September 2018
Hart Publishing
£37.99
Cover of The Principle of Subsidiarity and its Enforcement in the EU Legal Order: The Role of National Parliaments in the Early Warning System
The Principle of Subsidiarity and its Enforcement in the EU Legal Order: The Role of National Parliaments in the Early Warning System
Katarzyna Granat
ISBN 9781509908677
Published May 2018
Hart Publishing
£100.00
Cover of The Principle of Subsidiarity and its Enforcement in the EU Legal Order: The Role of National Parliaments in the Early Warning System (eBook)
The Principle of Subsidiarity and its Enforcement in the EU Legal Order: The Role of National Parliaments in the Early Warning System (eBook)
Katarzyna Granat
ISBN 9781509908684
Published May 2018
Hart Publishing
£44.99

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Cover of The Italian Parliament in the European Union
The Italian Parliament in the European Union
Edited by: Nicola Lupo, Giovanni Piccirilli
ISBN 9781782258735
Published October 2017
Hart Publishing
£95.00
Cover of The Italian Parliament in the European Union (eBook)
The Italian Parliament in the European Union (eBook)
Edited by: Nicola Lupo, Giovanni Piccirilli
ISBN 9781782258742
Published October 2017
Hart Publishing
£32.39

Due to a technical issue some ebooks are not available to order.

Cover of Interparliamentary Cooperation in the Composite European Constitution (eBook)
Interparliamentary Cooperation in the Composite European Constitution (eBook)
Edited by: Nicola Lupo, Cristina Fasone
ISBN 9781782256984
Published May 2016
Hart Publishing
£34.19

Due to a technical issue some ebooks are not available to order.

Cover of Interparliamentary Cooperation in the Composite European Constitution
Interparliamentary Cooperation in the Composite European Constitution
Edited by: Nicola Lupo, Cristina Fasone
ISBN 9781782256977
Published May 2016
Hart Publishing
£95.00