European and US ConstitutionalismGeorg Nolte Cambridge University Press, 2005 M09 29 - 312 páginas European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa. |
Contenido
Freedom of speech in Europe | 23 |
Freedom of expression adjudication in Europe | 49 |
Comment | 70 |
The concept of human dignity in European and | 85 |
Comment | 128 |
The protective function of the state | 137 |
The protective function of the state in the United States | 146 |
Comment | 181 |
Constitutional adjudication in Europe | 197 |
Comment | 255 |
Democracy and international influences | 263 |
Otras ediciones - Ver todas
European and US Constitutionalism Georg Nolte,European Commission for Democracy through Law Vista previa limitada - 2005 |
European and US Constitutionalism, Volumen37 Georg Nolte,European Commission for Democracy through Law Vista de fragmentos - 2005 |
Términos y frases comunes
abortion Amendment American constitutional arguments Article Bill of Rights BVerfGE citizens civil clause common law concept of human Conseil Constitutionnel constitutional adjudication constitutional law continental countermajoritarian difficulty countries Court of Human criminal culture debate decision democracy democratic Dieter Grimm due process duty to protect Europe European constitutional European Convention European Court example France free speech freedom of expression freedom of speech French fundamental rights German Constitutional Court Grundgesetz guarantee hate speech Holocaust Denial human dignity Human Rights important individual institutions international law issue judicial review jurisprudence justice Law Review legal system legislation legislature legitimacy liberty limited norms parliament parliamentary person political principle protective function punishment question Rechtsstaat recognised respect role rule of law Schutzpflicht seqq social society South Africa statute Supreme Court theory tion tional tradition United Kingdom University Press values Venice Commission violation Winnebago County
Pasajes populares
Página 52 - The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in...
Página 187 - ... of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of...
Página 76 - It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.
Página 72 - The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Página 81 - To courageous, selfreliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion.
Página 12 - These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy...
Página 34 - Thus we consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.
Página 28 - In the case of non-contractual liability, the Community shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its institutions or by its servants in the performance of their duties.
Página 37 - Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin...
Referencias a este libro
Vom Staatenbund zum Bundesstaat?: Die Europäische Union im Vergleich mit den ... Hans Kristoferitsch Sin vista previa disponible - 2007 |