By Georg Nolte
Ecu constitutionalism isn't really only an intra-European phenomenon yet is usually in comparison to different significant types of constitutionalism. during the last decade or so concerns have emerged which appear to point out that ecu constitutional conception and perform is changing into acutely aware that it has built yes ideas and possesses convinced features which distinguish it from US constitutionalism and vice versa. The participants to this booklet are constitutional students from Europe and the USA in addition to from different constitutional states, reminiscent of Canada, Israel, Japan, Peru and South Africa.
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Western Rights? Post Communist Applications (The Hague: Kluwer, 1996). F. Iacobucci, ‘Judicial Review in the Supreme Court of Canada under the Canadian Charter of Rights and Freedoms: The First Ten Years’, in D. M. ), Human Rights and Judicial Review. A Comparative Perspective (Dordrecht, Boston and London, 1994), p. 93; P. , 1997). ‘Israel Law. Forty Years. Proceedings of the Conference on 40 Years of Israeli Law’ (1990) 3–4 Israel Law Review, 24; Cl. Klein, ‘Les Droits de l’homme en Israe¨l’, in X.
Sullivan, above, note 22, at 279 et seq. Ibrahim Aksoy v. Turkey, 1996-VI Eur. Ct. H. R. 2260, 2280, para. , Baden-Baden: Nomos, 1998), Vol. II/1: Freedom of Speech, p. 8; cf. also Kommers, Constitutional Jurisprudence, above, note 45, p. 361. COMPARING ESSENTIAL ELEMENTS 19 people’ and ‘the peoples’. This raises the issues of democracy and international influences. Today, constitution-making and legislation are no longer free from outside influence. 56 Essentially, what has been happening is an emulation of western models of constitutionalism.
Licensing of broadcasting, television or cinema enterprises is mentioned;26 the 19 20 21 22 23 25 26 For two excellent comparative studies of this issue, see D. Fairgrieve, M. Andenas and J. ), Tort Liability of Public Authorities in Comparative Perspective (London: BIICL, 2002). See Y. Galmot, ‘Re´flexions sur le recours au droit compare´ par la Cour de justice des Communaute´s europe´ennes’ (1990) 6 Revue franc¸aise de droit administratif, 255. R. Dehousse, ‘Naissance d’un constitutionalisme transnational’ (2001) 96 Pouvoirs: les cours europe´ennes, 19; E.