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Constitutionalism and the Enlargement of Europe 1st Edition
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Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention.
In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.
- ISBN-100199696780
- ISBN-13978-0199696789
- Edition1st
- PublisherOxford University Press
- Publication dateSeptember 29, 2012
- LanguageEnglish
- Dimensions9.3 x 0.9 x 6.3 inches
- Print length250 pages
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--Greg Tolhurst, Acting Dean of the Faculty of Law, University of Sydney
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- Publisher : Oxford University Press; 1st edition (September 29, 2012)
- Language : English
- Hardcover : 250 pages
- ISBN-10 : 0199696780
- ISBN-13 : 978-0199696789
- Item Weight : 1.2 pounds
- Dimensions : 9.3 x 0.9 x 6.3 inches
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About the author

Wojciech Sadurski is Challis Professor of Jurisprudence at the University of Sydney and a Professor of the University of Warsaw, Centre for Europe. He has previously held a professorship at the European University Institute in Florence in 1999-2009 (where he served as head of department of law in 2003-2006), and he has taught most recently at New York University School of Law, Yale Law School, Fordham Law School, and Rutgers University. He is a member of several supervisory or program boards, including the International Association of Constitutional Law, ICON-S, and the Institute of Public Affairs (Poland). His most recent books are Poland’s Constitutional Breakdown (Oxford 2019) and Constitutionalism and the Enlargement of Europe (Oxford 2012); in 2022 his new books A Pandemic of Populists (Cambridge), Constitutional Public Reason (Oxford) and Demokracja na czarną godzinę [“Democracy for dark times”, Austeria, in Polish] will be released.
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