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

Administrative / Constitutional Law

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

By Sergio Bartole
Hart Publishing December 2020

Specifications

ISBN-13
9781509941476
Publisher
Hart Publishing
Publication
December 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of 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
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