New Developments in Constitutional Law

Essays in Honour of Andras Sajo

Iulia Motoc, Paulo Pinto de Albuquerque, Krzysztof Wojtyczek

• Publisher: Eleven International Publishing
• Year: 2017
• eBook ISBN: 9789462747135
• Edition: 0
• Topic: Law
• Subtopic: Comparative Law
• Index: Law

Andras Sajo is one of the most distinguished scholars in the field of comparative constitutional law. The present volume is a collection of studies written in his honour by distinguished scholars from many countries. Constitutional law is undergoing a rapid and substantial evolution. One of the main developments is the ongoing process of its Europeanization and internationalization. This book aims to present and explain these recent transformations. It gives a comprehensive overview of issues that arise in the context of the Europeanization and internationalization of constitutional law. It will be of interest, not only to scholars and students in law and political science, but to all persons who are interested in the developments of constitutional democracies. [Subject: Constitutional Law, Human Rights Law, International Law, Politics, Comparative Law]

Table of contents

• 1 The Contribution of the Venice Commission to the Internationalization of the National Constitutional Law on the Organization of the Judiciary
• 2 The Impacts of Regional Integration on National Constitutional Laws in Asia
• 3 Fully Binding EU Bill of Rights for the Member States - A Potential Tool in Constitutional Crisis Management
• 4 Totalitarianism and Democracy as Extreme Points of Constitutional Law
• 5 Does the Constitutional Review Breach the Principle of Separation of Powers? A Shifting Perspective
• 6 A Monistic Approach to the Internationalization of Constitutional Law
• 7 The Al-Dulimi Judgment (One Step Forward or Two Steps Backward?)
• 8 Decay of Sovereignty?
• 9 The Internationalization of Case-Law
• 10 Second-Grade Constitutionalism? Hungary and Poland: How the EU Can and Should Cope with Illiberal Member States
• 11 Constitutional Borrowing: The Case of the Monarchical Principle
• 12 Changed Vocabularies: A Few Semantic Ambiguities of Network Constitutionalism
• 13 Is Suffrage for Children the Constitutional Solution for the Sustainability Challenge Faced by Democracies?
• 14 Indivisibility and Justiciability: New Pathways for the Protection of Social Rights
• 15 Standing upon Stilts: Philosophical Interpretations of the Kriszta Kovács and Gábor Attila Tóth
• 16 Constitutionality, Conventionality and National Courts
• 17 Normative Universalism and Constitutional Pluralism
• 18 Europe in Crisis: Two Liberal Questions
• 19 Constitutional Pluralism
• 20 The Constitutionalisation of the Legal Order of the Council of Europe
• 21 Bridge Is Down, Data Truck Can't Get Through... A Critical View of the Schrems Judgment in the Context of European Constitutionalism
• 22 Constitutional Sovereignty in Post-Sovereign Europe in Crisis: A Central European Perspective
• 23 Transnational Constitutionalism and Legal and Cultural Pluralism
• 24 The Principle of Effectiveness as Used in Interpreting, Applying and Implementing the European Convention on Human Rights (Its Nature, Mechanism and Significance)
• 25 "Intimate Citizenship" and Illiberal Democracy: Twilight or Rebirth of Constitutionalism?
• 26 When Fraternite Trumps Egalite: Reflections on SAS v. France 425 Ruti Teitel
• 27 What Is Next for Comparative Constitutional Scholarship?
• 28 European Union Human Rights Law: A Very Particular Internationalization of Constitutional Rights
• 29 International and European Standards of State Organization
• Publications by András Sajó
• Tabula Gratulatoria
• Index