A. Weber, European Constitutions Compared, 2019, C.H.Beck
European Constitutions Compared
München: C.H.Beck, 2019, XVIII, 221 S., 150,00 Euro incl. VAT
– In English Language –
– In Gemeinschaft mit Hart Publishing, Oxford und Nomos Verlagsgesellschaft, Baden-Baden –
This interesting book is reviewed here as an addendum. It is a highly interesting comparison of European constitutions. Comparative constitutional law – like any comparative law – requires a specific methodology. Here, the comparison is sensibly carried out as a comparison of institutions.
This book is a comprehensive study of the institutional setting of European Constitutions and provides a systematic study of the constitutional principles and organisation of state powers. The following issues are addressed, by way of a comparison of institutions:
- Notion and Functions of Constitution
- Sources of Constitutional Law
- Constituent and Amending Power
- Protecting the Constitution
- Directive Principles
- Fundamental Constitutional Principles
- Division of Powers
- Division of Functions
- Head of State
- Government and Administration
- The Judicial Power
- Territorial Division of Powers
- Europeanisation and Internationalisation of the Constitution.
The overview shows the extremely methodical way of comparison and gives an impression of the content. The presentation is based on a German-language publication from 2010, which, however, was not limited to the EU. The comparison includes the institutions of the EU, whereby it is clear that the EU is not a state, but rather a supranational organization that is, however, increasingly taking on the character of a state. Notwithstanding this, significant differences can be found in the constitutions of the EU member states, which define a difference in legal cultures. Similarities and differences are the subject of this very systematic treatise.However, not only EU states are included, but also members of the Council of Europe. The presentation concentrates on essential aspects, since it is not possible to give a comprehensive account within the framework of such a presentation. Starting with an examination of the functions of a constitution as the basic law of a state with fundamental effects, the presentation moves on to the protection of the constitution and the basic principles of a constitutional democracy as the basic type of a European state, with many deviations in detail.
In the case of institutions, the focus is often on Germany, Austria, Switzerland and Great Britain. The last chapter is devoted to the Europeanization and internationalization of the constitution of the states of Europe.
This book contains a comprehensive basic work with a large with a large amount of information.
This book was written for Students of law and political science and academics concerned with the constitutional law of European countries.
This interesting work contains a unique overview comparing constitutions in Europe.