Constitutions in the Global Financial Crisis

This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected.

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Author: Xenophon Contiades

Publisher: Routledge

ISBN: 9781317161615

Category: Law

Page: 316

View: 569

This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume’s extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.

The Global Financial Crisis and the Constitution

This is the introductory chapter of the collective volume X. Contiades (ed.), Constitutions in the Global Financial Crisis, (Ashgate 2013), which is the first book to address the multi-faceted influence of the global financial crisis on the ...

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Author: Xenophon Contiades

Publisher:

ISBN: OCLC:1308982661

Category:

Page: 5

View: 414

This is the introductory chapter of the collective volume X. Contiades (ed.), Constitutions in the Global Financial Crisis, (Ashgate 2013), which is the first book to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume's extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.

Law and the Management of Disasters

Spanish Constitution in the Turmoil of the Global Financial Crisis«, in X Contiades (ed), Constitutions in the Global Financial Crisis: A Comparative Analysis (Ashgate 2013), 141¥165, 154¥157. 45 T Groppi, I Spigno and N Vizioli, ...

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Author: Alexia Herwig

Publisher: Routledge

ISBN: 9781317273684

Category: Law

Page: 280

View: 526

Disasters raise serious challenges for contemporary legal orders: they demand significant management, but usually amidst massive disruption to the normal functioning of state authority and society. When dealing with disasters, law has traditionally focused on contingency planning and recovery. More recently, however, ‘resilience’ has emerged as a key concept in effective disaster management policies and strategies, aiming at minimising the impact of events, so that the normal functioning of society and the state can be preserved. This book analyses the contribution of law to resilience building by looking at law’s role in the different phases of the disaster regulatory process: risk assessment, risk management, emergency intervention, and recovery. More specifically, it addresses how law can effectively contribute to resilience-oriented distaster management policies, and what legal instruments can support effective resilience-building.

Constitutions in the Global Financial Crisis

A Comparative Analysis Xenophon Contiades ... From Financial Crisis Narratives to Constitutional Narratives Comparing how constitutions react to a global financial crisis is based on an externalist comparability foundation.

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Author: Xenophon Contiades

Publisher: Routledge

ISBN: 9781317161622

Category: Law

Page: 316

View: 621

This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume’s extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.

National Constitutions in European and Global Governance Democracy Rights the Rule of Law

protection, has turned into a monologue under the 'shadow' of the financial crisis. What the financial crisis has dredged up are the ... Constitutions in the Global Financial Crisis: A Comparative Analysis. Ashgate, Farnham, pp. 9–59.

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Author: Anneli Albi

Publisher: Springer

ISBN: 9789462652736

Category: Law

Page: 1522

View: 904

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.

European Welfare State Constitutions After the Financial Crisis

constitutions as such,17 or an overall assessment of the role of a particular national constitution,18 as we assume ... 18 See Xenofon Contiades (ed), Constitutions in the Global Financial Crisis: A Comparative Analysis (Ashgate 2013) ...

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Author: Ulrich Becker

Publisher: Oxford University Press, USA

ISBN: 9780198851776

Category: Law

Page: 400

View: 821

This book examines the specific reforms in social protection that took place during the European financial crisis, while embedding them in a broader human rights and constitutional law framework of nine European countries. Analytical and comprehensive, this is a helpful tool for all legal professionals that deal with crisis-related reforms.

Political Institutions and Democracy in Portugal

Análise Social XXXV(154–155), 207–246. Balodis, R., and Pleps, J. (2013). Financial Crisis and the Constitution in Latvia. In X. Contiades (Ed.), Constitutions in the Global Financial Crisis. A Comparative Analysis. Farnham: Ashgate.

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Author: António Costa Pinto

Publisher: Springer

ISBN: 9783319981529

Category: Political Science

Page: 253

View: 772

This book examines how patterns of political representation, party system, and political culture have changed in Southern Europe following the “Great Recession” of 2008. It draws on the experience of Portugal to argue that austerity measures have significantly deepened the legitimacy crisis of democratic institutions, but the resilience of party system is remarkable in comparison. The case of Portugal present some interesting differences from other southern European democracies, since on one hand it suffered a deep economic crisis and the consequent bailout from the International Monetary Fund, the European Central Bank and the European Union, but on the other hand the party system remained stable. Nevertheless the impact of the crisis did reinforce a centre-periphery cleavage within the European Union, and especially in the Eurozone, Portugal is a central element of this new cleavage notoriously aggravated by Brexit.

Accountability in the Economic and Monetary Union

Constitutions in the Global Financial Crisis: A Comparative Analysis (Ashgate 2013); Xenophon Contiades and Alkmene Fotiadou, 'Constitutional Reactions in Comparative Perspective: How Constitutions React to the Financial Crisis' in ...

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Author: Menelaos Markakis

Publisher: Oxford University Press

ISBN: 9780192583956

Category: Law

Page: 400

View: 373

Following the financial and public debt crisis, the EU's Economic and Monetary Union (EMU) has been under intense political scrutiny. The measures adopted in response to the crisis have granted additional powers to the EU (and national) authorities, the exercise of which can have massive implications for the economies of the Member States, financial institutions and, of course, citizens. The following questions arise: how can we hold accountable those institutions that are exercising power at the national and EU level? What is the appropriate level, type and degree of accountability and transparency that should be involved in the development of the EU's governance structures in the areas of fiscal and economic governance and the Banking Union? What is the role of parliaments and courts in holding those institutions accountable for the exercise of their duties? Is the revised EMU framework democratically legitimate? How can we bridge the gap between the citizens - and the institutions that represent them - and those institutions that are making these important decisions in the field of economic and monetary policy? This book principally examines the mechanisms for political and legal accountability in the EMU and the Banking Union. It examines the implications that the reforms of EU economic governance have had for the locus and strength of executive power in the Union, as well as the role of parliaments (and other political fora) and courts in holding the institutions acting in this area accountable for the exercise of their tasks. It further sets out several proposals regarding transparency, accountability, and legitimacy in the EMU.

New Economic Constitutionalism in Europe

35 R Balodis and J Pleps, 'Financial Crisis and the Constitution in Latvia' in X Contiades (ed), Constitutions in the Global Financial Crisis. A Comparative Analysis (Farnham, Ashgate, 2013) 115; C Kilpatrick, 'Constitutions, ...

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Author: George Gerapetritis

Publisher: Bloomsbury Publishing

ISBN: 9781509909650

Category: Law

Page: 384

View: 293

New Economic Constitutionalism in Europe focuses on the institutional mutation of constitutionalism following the major economic crisis in the Eurozone and globally. The main axis is that a new economic constitutionalism has arisen which trespasses on the conventional conceptual foundations and needs to be addressed with novel institutional vehicles. The author proposes an original and searching analysis of the significant constitutional evolutions that have taken place in member states in response to the global financial crisis. The book combines a sophisticated theoretical model of a new form of economic constitutionalism with detailed practical argumentation. This important new work provides a valuable addition to the understanding of this hugely important topic.

Constitutional Change through Euro Crisis Law

See T. Groppi et al., 'The Constitutional Consequences of the Financial Crisis in Italy', in X. Contiades (ed.), Constitutions in the Global Financial Crisis: A Comparative Analysis (Farnham: Ashgate, 2013), ...

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Author: Thomas Beukers

Publisher: Cambridge University Press

ISBN: 9781107184497

Category: Law

Page: 250

View: 539

Constitutional Change through Euro-Crisis Law contains a comparative constitutional analysis of the impact of a very broad range of euro-crisis law instruments on the EU and national constitutions. It covers contrasting assessments of the impact of euro-crisis law on national parliaments, various types of criticism on the EU economic governance framework, different views on what is needed to improve the multilevel system of economic governance, and valuable insights into the nature of emergency discourse in the legislative arena and of the spillover from the political to the judicial sphere. In addition, it deals with how bailout countries, even if part of the same group of euro area Member States subject to a programme, have reacted differently to the crisis.