National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
Publication year: 2019
ISBN: 978-94-6265-273-6
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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.
Subject: Law and Criminology, Constitutional Courts, European Arrest Warrant, Fundamental Rights, Data Retention Directive, Judicial Dialogues, European Commission and IMF, European Court of Justice, Constitutional Amendments, EU and International Law Supremacy, European Constitutionalism, Constitutional Law, European Law, International Criminal Law, Human Rights, Fundamentals of Law
