By Xenophon Contiades
This ebook is the 1st to deal with the multi-faceted effect of the worldwide monetary drawback at the nationwide constitutions of the international locations most influenced. via tracing the impression of the hindrance on formal and casual constitutional swap, sovereignty matters, basic rights safety, regulatory reforms, jurisprudence, the augmentation of govt energy, and adjustments within the celebration approach it addresses all parts of the present constitutional legislations discussion and goals to develop into a reference publication with reference to the interplay among monetary crises and constitutions. The e-book contains contributions from admired specialists on Greece, Hungary, Iceland, eire, Italy, Latvia, Portugal, Spain, the united kingdom, and america delivering a serious research of the consequences of the monetary concern at the structure. The volume’s large comparative bankruptcy pins down specified constitutional reactions in the direction of the monetary hindrance, development an explanatory thought that debts for the several methods constitutions spoke back to the difficulty. How and why constitutions shaped their reactions within the face of the monetary quandary unravels through the ebook.
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Extra info for Constitutions in the Global Financial Crisis: A Comparative Analysis
The establishment of an independent Banking Commission to report on British banks and the discussions on how the Bank of England governor should be appointed, along with the intensification of the use of penalties and prosecutions, are also characteristic. This enhancement of the role of the executive in financial regulation along with vesting new tasks to independent authorities appears to be a general phenomenon. In the Irish example, where failures in financial regulation were also given major importance, the focus is on ways to improve regulation.
These involved calling for negotiations between political parties to urge them to come to agreement and ultimatum-type speeches addressing the need for constitutional amendments. In the search for ways in which the crisis has affected constitutional rules, overtly or subtly changing the constitution and its operation, several examples have surfaced. What remains to be seen is whether such changes are of a permanent character, as well as what factors will determine that, differentiating spontaneous fleeting reactions from structural changes.
Informal change brought about by the vast bulk of the legislative output adopted to tackle the crisis, bearing the mark of urgency and commonly containing measures of questionable constitutionality, complements the financial crisis legal scenery. Often challenged before courts, the crisis-induced legislation has led to a series of judgments addressing the permissibility of rights limitation in light of financial emergency, thus reassessing indirectly the scope of judicial self-restraint. Distinct areas where developments activated by the financial crisis are traced include the nature of regulation, the doctrinal dictates of proportionality and legal certainty, the endangerment of social rights, the constitutional enshrinement of fiscal discipline clauses and the fade-out of state sovereignty.
Constitutions in the Global Financial Crisis: A Comparative Analysis by Xenophon Contiades