NORDIC AND OTHER EUROPEAN CONSTITUTIONAL TRADITIONS ppt

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NORDIC AND OTHER EUROPEAN CONSTITUTIONAL TRADITIONS ppt

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[...]... Court of Justice and the Committee of the Regions Member of the Scientific Board, Fondation Jean Monnet pour l’Europe, Lausanne Joakim Nergelius (Ed.), Nordic and Other European Constitutional Traditions, 3–7 © 2006 Koninklijke Brill N.V Printed in the Netherlands 4 Nordic and Other European Constitutional Traditions impact that this encounter or clash between very different constitutional traditions has... Associate Professor of EU law and Legal Theory at the University of Gothenburg, Sweden He became LL.D in Lund in 2002 and is also an experienced coach in European Moot Court competitions Joakim Nergelius (Ed.), Nordic and Other European Constitutional Traditions, 9–26 © 2006 Koninklijke Brill N.V Printed in the Netherlands 10 Nordic and Other European Constitutional Traditions will set out with a... constitutional law, EU- and EEA-law, human rights, sociology of Law and critical journalism 1 See V Stefansson: Iceland: The First American Republic, Doubleday, New York 1947, and R F Tomasson: Iceland: The First New Society, Iceland Review, Reykjavík 1980 2 E Benediktsson: Ísland og Evrópuþróunin 1950–2000, Fjölsn forlag, Reykjavík 2000 Joakim Nergelius (Ed.), Nordic and Other European Constitutional Traditions, ... the three Nordic EU Member States Denmark, Finland and Sweden have in the last decades been profoundly affected by the encounter with other, continental constitutional cultures prevailing within the European Union and thus with legal orders less based on popular sovereignty and parliamentary supremacy and more relying on courts to fill the role as constitutional watchdogs Also Norway and Iceland, though... IV, p 100, § 32 22 Nordic and Other European Constitutional Traditions popular sovereignty, that power ought to be repatriated to the parliaments of the Member States instead.42 Looking at the relation between the European Union and the Member States, another problem with the European Union arises from the point of view of popular sovereignty The activities of the European Community and Union today mean... core Member States 6 Nordic and Other European Constitutional Traditions like France and Netherlands in the spring of 2005, but the question is of course what may really be done about it Reflecting once again on the content of these articles, it may be asked if the Nordic states and the rest of Europe may after all still have a lot to learn from each other The distrust of political and public authorities... Man to do what he lists But a Liberty to dispose and order, as he lists, his Person, Actions, Possessions, and his whole Property, within the Allowance of those Laws under which he is; and therein not be subject to the arbitrary Will of another ,” J Locke, Two Treatises of Government, II; p 306, § 57 24 Nordic and Other European Constitutional Traditions make sense of such exotic rules as, for... N Bobbio, Thomas Hobbes and the Natural Law Tradition, p 29 16 Nordic and Other European Constitutional Traditions 2.2 The Theory of Popular Sovereignty If we start with Hobbes’ principle of unity, which has later been very influential with philosophers such as Rousseau,17 Bentham18 and Austin,19 we find that what characterises a good political system is unity in political and legal sense, that is,... degree The Nordic constitutional tradition, if we may talk of such a thing, is undoubtedly based on local and national democracy, national and popular sovereignty, parliamentary supremacy and majority rule The huge * Joakim Nergelius is Professor of Law at the University of Örebro, Sweden, specialising in EU Law and Constitutional Law He took his LL.D in Lund in 1996 and has also worked at the European. .. detail and I will finish by trying to apply them or make sense of them in the context of the European Union 1 The Debate on the Constitutional Treaty and the Relation with Fundamental Constitutional Theories Currently the issue of the European Constitution is both widely, and wildly, debated as a result of the European Convention presenting its Draft Treaty establishing the constitution for Europe (the Constitutional . Barkhuysen and S.D. Lindenbergh (Eds), Constitutionalisation of Private Law (2006) 3. J. Nergelius (Ed.), Nordic and Other European Constitutional Traditions (2006) 4. G.M. Pikis, Constitutionalism. lingering in the constitutional tradi- tions and give an important contribution to the institutional complexity of the EU. A European conference about Nordic and other European Constitutional traditions. bound”? And maybe even time to come up with new, specific and constructive proposals for solving the institutional crisis at 6 Nordic and Other European Constitutional Traditions 1 Jaakko Husa, Nordic

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