Relevant bibliographies by topics / Constitutional law – Greece

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Constitutional law – Greece'

Author: Grafiati
Published: 10 March 2023

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Journal articles on the topic "Constitutional law – Greece"

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Grabowski, Radosław. "The principles that guided the of amending the Constitution of Greece in 1975 in the light of available classifications." Studia Politologiczne 2020, no. 56 (June 15, 2020): 183–94. http://dx.doi.org/10.33896/spolit.2020.56.12.

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Of all the procedures regulated by legal acts recognized as full constitutions, the provisions regulating the changes to the constitution play a particular role in the system. Their design determines the possibility or impossibility of adapting the basic law to the changing social, economic and political realities, which may reflect the constitutional stability, but it also stabilizes the constitution of a state into a certain shape. The proposed divisions, as well as the precise instruments of constitutional classification based thereon, can facilitate academic discourse and enrich didactics. The subject of the article is an analysis of the Greek constitution in the context of a system of classification, which differentiate this type of legislation into rigid and flexible.
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Darijus, Beinoravičius, Mesonis Gediminas, and Vainiutė Milda. "The Role and Place of the Preamble in Lithuanian Constitutional Regulation." Baltic Journal of Law & Politics 8, no. 2 (December 1, 2015): 136–58. http://dx.doi.org/10.1515/bjlp-2015-0022.

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Abstract While analysing constitutions of various countries in the legal literature, typically not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state’s constitution has a unique structure, certain regularities can be discerned. The analysis of the structure of various constitutions leads to the conclusion that normally each constitution consists of the following standard structural parts: the preamble, the main part, the final, transitional or additional provisions, and in some constitutions there can also be annexes. The article confirms that most constitutions begin with an introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered a significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts the constitution. The preamble is not only a political, ideological, and/or philosophical category; it undoubtedly also carries a legal burden, therefore it is considered to have legal validity. Preambles are characterized as having a so-called higher style; they are usually formulated not in compliance with the requirements of legal technique.
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Eleftheriadis, Pavlos. "Constitutional Reform and the Rule of Law in Greece." West European Politics 28, no. 2 (March 2005): 317–34. http://dx.doi.org/10.1080/01402380500059777.

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Riyanto, Astim. "HUKUM KONSTITUSI SEBAGAI SUATU ILMU." Jurnal Hukum & Pembangunan 39, no. 1 (March 3, 2009): 119. http://dx.doi.org/10.21143/jhp.vol39.no1.199.

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AbstrakThe Law of the Constitution as a science, because all of qualification of aknowledge become a science that self-exist was folfilled. Qualification of aknowledge become a science that self-exist meant, that are to has self-objectstudy, has self-method, has utilities value, systematic piled up, logicdissection, has the character of universal, has special senses, and issupported by their experts/ scholars. The Law of the Constitution as ascience, its the way is begun from investigation of Aristotle (384-322 B.C.) to158 constitutions city states from 186 city states ancient Greece. The result ofinvestigation, he is poured out in a book of Politics. There are four chaptersthat in connection with constitution form eight chapters of the book. Then,the result of Aristotle 's investigation, 23 centuries moreover was faithfulledby Albert Venn Dicey (1835-1922) in a book of An Introduction to Study ofThe Law of The Constitution (1885). Concerning books the others aboutconstitutions that was written by their authors more give a shape of Bases ofThe Law of The Constitution than scientific of The Law of the Constitution.In 2007 or 122 years later (1885-2007), through presentation a paper thatthe title is The Law of the Constitution is a part of Constitutional Lmv, Ideclare The Law of the Constitution as a science, that self-exist with name isScience of The Law of the Constitution.
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Recker, Sebastian. "Casenote –– Euro Rescue Package Case: The German Federal Constitutional Court Protects the Principle of Parliamentary Budget." German Law Journal 12, no. 11 (November 1, 2011): 2071–75. http://dx.doi.org/10.1017/s2071832200017715.

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In its Aid Measures for Greece and Euro Rescue Package case, the German Federal Constitutional Court affirmed the Parliament's budget authority to provide financial aid measures to the European Monetary Union. The judgment conforms to the German Federal Constitutional Court's case law concerning the transfer of sovereign power to international organizations and reaffirms that German participation in international organizations is linked to constitutive pillars of the German Basic Law. One of these pillars is the Principle of Parliamentary Budget. This principle provides that any financial aid package has to be approved by the Parliament of the Federal Republic of Germany (Bundestag) before guarantees can be given to other states by the Federal Government. In its holding, the German Federal Constitutional Court ruled that the aid measures for Greece and the euro rescue package were consistent with the Principle of Parliamentary Budget and German Basic Law.
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Bichkov, Іgor. "The Kelsen model of constitutional jurisdiction as the theoretical basis of the European system of constitutional justice." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 131–36. http://dx.doi.org/10.36695/2219-5521.1.2020.25.

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The article is devoted to the study of the content of the model of constitutional jurisdiction proposed by H. Kelsen, which at one time actually became the theoretical basis of the modern European system of constitutional justice. It is stated that the model formulated by a well-known Austrian law theorist not only envisaged instrumental-institutional proposals for the creation of a new public authority, but also embodied the definite concept of common sense of law defined by Kelsen, which was based on the ideas of a hierarchical legal system acts of the Constitution as the law of the highest legal force. It is substantiated that the model proposed by H. Kelsen substantially outstripped the existing legal reality and was used almost in its purest form by most European countries, and in particular was directly reflected in the domestic model of constitutional jurisdiction. It is noted that, according to Kelsen's concept in a number of papers, in particular in the Judicial Review of Legislation: A Comparative Study of the Austrian and American Constitutions, the constitutionality of legislation can be ensured in two separate ways, both of which were enshrined in the Austrian Constitution of 1920: the responsibility of the body that issued the unconstitutional norm and the non-application of the unconstitutional norm. Non-application of a constitutional rule could be achieved by giving law enforcement authorities the power to review the constitutionality of a rule they must apply in a particular case and refuse to apply it in that particular case, if there is reason to consider such a rule unconstitutional. A similar mechanism has actually been introduced in the United States. The fact that a law enforcement authority recognizes a general rule as unconstitutional and does not apply it in a particular case meant that that authority was empowered to revoke the general rule for a particular case, and only for a specific case, since the general rule as such (normative act) remains applicable and may be applied in other specific cases. The disadvantage of this fuse is that different law enforcement agencies may have differing views on the constitutionality of a law, whereby one authority can apply it as it considers constitutional, while another authority will refuse to apply it because it will see signs of unconstitutionality. The lack of unanimity in deciding whether a law is constitutional, that is, whether a constitution is violated, carries great danger for the authority of the constitution. In most European countries, it is stated that H. Kelsen's concept was used almost in its purest form, with one exception: the powers to directly protect constitutional rights and freedoms were given to a separate judicial authority. The extension of the appropriate model of judicial constitutional control and the formation of constitutional courts fell in the second half of the twentieth century, when the need to prevent the return of Nazism caused a qualitatively new level of attention to the phenomenon of constitutional justice. The formation of new post-war constitutional-democratic regimes in Germany, Italy, Austria, and later in Spain and Greece, provided for the creation of a mechanism by conferring on the constitutional courts powers to protect constitutional rights and freedoms from usurpation of public power.
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Papademetriou, Theresa. "Marriage and Marital Property under the New Greek Family Law." International Journal of Legal Information 13, no. 3-4 (August 1985): 1–40. http://dx.doi.org/10.1017/s0731126500018709.

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The movement for a civil law reform in Greece that was initiated in 1975 with the constitutional guarantee of equal rights and obligations of the sexes led to the adoption of Law 1329/1983 on the Application of the Constitutional Principle of Equality of the Sexes in the Civil Code and Its Introductory Law, in Commercial Legislation, and in the Code of Civil Procedure, as well as to Partial Modernization of Certain Provisions of the Civil Code Regarding Family Law.
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Gamba, Dimitra, and Dimosthenis Lentzis. "Crafting Constitutional Identity in the Era of Migration and Financial Crises–The Case of Greece." German Law Journal 18, no. 7 (December 1, 2017): 1683–702. http://dx.doi.org/10.1017/s2071832200022495.

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The debate on the exact meaning and content of their constitutional identity has a long history in many European countries, with national courts playing the leading role. Ten years ago, this debate was given a new boost by the Treaty on European Union (TEU), article 4 paragraph 2 of which urges the European Union to respect the constitutional identities of the Member States. The national courts in a number of Member States saw in this provision the recognition of their zealous efforts to control the ongoing expansion of EU competences and to overcome the absolute primacy of EU law over domestic constitutional law. In Greece, however, no debate on the possible use of constitutional identity as a limit to the European Union and its law had taken place—at least not until recently. Our main objective in this article is to try to explain why Greek courts, and especially the Symvoulion Epikrateias, the supreme administrative court, failed to develop and make recourse to a notion of constitutional identity, even in cases they had good reasons to do so, and to find out if—and, if yes, to what extent—the situation has changed after the outbreak of the financial and, soon after, the migration crises. The analysis of the relevant case-law will permit us to conclude that the Greek constitutional identity is currently still under construction and that it is constructed using elements from both the liberal and the exclusionist models.
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Baharestanfar, Mohammadreza, and Seyed Mohammad Hashemi. "Protecting Human Rights and Constitutional Law in Bicameral Systems." Journal of Politics and Law 11, no. 1 (January 9, 2018): 17. http://dx.doi.org/10.5539/jpl.v11n1p17.

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Background and objective: The second legislative chamber has played different roles and functions since its formation in ancient Rome and Greece. The philosophy behind the presence of this chamber (either in Federal systems or unitary systems) was a matter of controversy between its proponents and critics. There are more than 78 countries with two legislative chambers in the world. Protecting constitutional law and human rights are two notable functions of the second chambers. Research method: This paper used the descriptive–analytical method. The methods used by some second chambers are discussed as an example. Results (findings): how a second chamber can be considered as the scout of constitutional law and protector of human rights with regard to their normative behavior depends on the structure of the constitutional law. The role of the second chamber in protecting constitutional law is manifested in several forms: coinciding the bills and laws with constitutional law, amending and revising the constitutional law, vetoing or suspending bill a general appointments. Second chambers have several solutions including establishing the human rights committee with various duties. Therefore, these two criteria seem to be useful in order to measure the extent of democracy. Conclusion: A powerful second chambers are needed to make decisions, have the authority to amend the laws, and to have effect on the politics to realize human rights and protection of Constitutional law. It can also act as a human rights watch with regard to the nature of the norms of human rights.
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Kombos, Constantinos. "Constitutional Review and the Economic Crisis: In the Courts We Trust?" European Public Law 25, Issue 1 (March 1, 2019): 105–33. http://dx.doi.org/10.54648/euro2019007.

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A reflection on the constitutional effects of the economic crisis is now both possible and useful. The paper assesses the judicial reaction to the national and EU measures introduced for containing the economic crisis. The focal point of analysis is the intensity of review and the judicial justifications given during that period. The working hypothesis is that the jurisprudence is characterized by the utilization of the ‘crisis vocabulary’, by the application of a low intensity review yardstick, by the application of a narrower in scope version of the principle of proportionality and by the wide margin of discretion recognized for the decision-maker. The analysis concludes that the jurisprudence was not uniform; significant differentiations exist both in approach and in the impact of the relevant case law on the respective legal order. The courts are divided between those of Member States and supranational courts (CJEU and ECtHR). The CJEU approached the matter in jurisdictional terms and formalistically, thus placing the burden on the national constitutions. The Strasbourg court applied the margin of appreciation doctrine, thus limiting review to cases where the impact of the legislative measures resulted in danger to survival. On the other hand, the national courts are classified as either ‘lenders’ (Germany) or ‘borrowers’ (Greece, Portugal and Cyprus). Constitutional review in fuller effect can be found in the German example, while in the case of ‘borrowers’ the national courts faced a moral and existential dilemma. The result was that crisis laws were approached as requiring light review, thus transforming national legal orders and unsettling the equilibrium of constitutional coexistence. National constitutional orders were transformed and the courts were placed in the impossible position of adjusting constitutional review to the economic needs. During the crisis, pragmatism became the new norm.
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Dissertations / Theses on the topic "Constitutional law – Greece"

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Akoumianaki, Daphne. "Les rapports entre l'ordre juridique constitutionnel et les ordres juridiques européens : analyse à partir du droit constitutionnel grec." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010318/document.

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L'ordre juridique constitutionnel, l'ordre juridique de l'Union européenne et l'ordre qui se dégage progressivement de la Convention européenne des droits de l'homme, malgré leurs différences, sont étroitement liés. Toutefois, cette relation ne se traduit pas en une fusion. Il importe donc d'appréhender les rapports entre ces trois ordres en termes d'interdépendance mais aussi de concurrence. L'interdépendance se manifeste notamment grâce à la place de la Constitution comme vecteur principal de la construction européenne, garantissant l'intégration et la mise en œuvre des droits d'origine européenne dans l'ordre interne. La Constitution grecque correspond aux finalités européennes et l'enrichissement normatif de l'ordre interne par les deux droits européens est évident. A l'inverse, la concurrence se manifeste par le fait que l'ordre constitutionnel national est largement saisi par les ordres européens et ses faiblesses s'érigent en sources de conflits avec eux. Une transformation forcée de l'ordre interne est donc constatée afin de se conformer aux exigences européennes. La situation concurrentielle suscite l'intérêt pour la recherche d'une résolution institutionnalisée de conflits. Une systématisation des influences européennes dans l'ordre interne est mise en évident afin de renforcer l'autorité constitutionnelle et restructurer le système procédural. Si la complexité des rapports entre les trois ordres étudiés paraît indéniable, il y a lieu de mettre en avant les moyens institutionnels et procéduraux qui permettent de privilégier la complémentarité et d'atténuer la concurrence entre eux
Despite their differences, the constitutional legal order, the EU legal order and the ECHR legal order, in progress, are strictly bound. However, this kind or relation is not equal to a fusion. Thus, the relationship of the three orders should be studied through the notions of interdependence and competition. Interdependence is manifest if one takes into account the role of the Constitution as the major vector in the building of Europe, ensuring the integration and the implementation of European rights in the national legal order. Hence, the Hellenic Constitution responds to the European rationale and both European legal orders contribute in the enrichment of the national legal order. Likewise, competition is manifest as the national constitutional order is seized by the European orders and its weaknesses appear as conflict sources with them. Therein, a forced transformation of the domestic law is apparent in order to adapt to the European conditions. This conflict situation gives rise to the research of an institution-based solution. A systematic approach of European influences in the national legal order is used in order to reinforce the authority of the Constitution and to restructure the procedural system. While the complexity of the aforementioned orders appears undoubtful, one should stress the institutional and procedural means that allow to favour complementarity and to mitigate competition between these orders
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Kyranoudi, Dimitra. "Le gouvernement parlementaire et la fonction présidentielle en Grèce et en Irlande." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020073.

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La présente recherche se propose d'analyser et de comparer les articulations juridiques et politiques réalisées entre le système du gouvernement responsable et la fonction de chef de l'état dans deux républiques européennes très peu étudiées en France, la Grèce et l’Irlande. Il s'agit de tenter d'apporter une contribution à la théorie générale et à la pratique des régimes politiques de l’Europe contemporaine, en plaçant l'attention sur une problématique constitutionnelle majeure dans les républiques parlementaires mais relativement négligée. Malgré la primauté incontestable du gouvernement majoritaire, il n'en reste pas moins qu'il laisse subsister, dans les régimes républicains, des virtualités dualistes longtemps en sommeil, mais que des évolutions récentes paraissent vouloir réveiller ou au moins remettre en question dans certains pays. En d'autres termes, la fonction présidentielle, qui semblait condamnée à une inéluctable neutralisation dans les systèmes dominés par le premier ministre, tend à (re)trouver une vocation sinon gouvernementale, du moins centrale. Par-delà leurs différences structurelles, culturelles et politiques initiales, les constitutions grecque de 1975 (révisée de façon significative en 1986) et irlandaise de 1937 offrent deux exemples permettant de tester l'hypothèse retenue
The present thesis proposes an analysis on comparative basis of the legal and political articulations that take place between the system of the responsible government and the presidential function in these two parliamentary democracies, not thoroughly studied in France. The aim of this research is a contribution to the general theory and practice of the political systems in modern Europe, stressing out aspects of an important constitutional topic for parliamentary republics which is still relatively neglected. Although the supremacy of the majoritarian government is not put into question, it can be still claimed that within the republican political systems, certain dualist implications, that remained for long inactive, tend to be reactivated again in some countries by recent events. In other words, the presidential function that seemed to be condemned to an inescapable neutralisation within the systems dominated by the political figure of the Prime minister tends to find once again a reason of being, if not governmental, at least central. Beyond their initial structural, cultural and political differences, the Greek Constitution of 1975 (revised significantly in 1986) and the Irish Constitution of 1937 offer two fruitful examples of the constitutional dynamics that could test the above-mentioned assumption
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MARKETOU, Afroditi. "Local meanings of proportionality : judicial review in France, England and Greece." Doctoral thesis, 2018. http://hdl.handle.net/1814/58864.

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Defence date: 19 September 2018
Examining Board: Prof. Bruno De Witte, Maastricht University/EUI (Supervisor); Prof. Loïc Azoulai, Sciences Po Paris; Associate Prof. Jacco Bomhoff, LSE; Prof. Guillaume Tusseau, Science Po Paris
The author was awarded the Mauro Cappelletti Prize for the best doctoral thesis in the field of comparative law (June 2019)
Proportionality increasingly dominates legal imagination. Initially conceived of as a principle that regulates police action, today it is progressively established as an advanced tool of liberal constitutional science. Its spread, accompanied by a global paradigm of constitutional rights, appears to be an irresistible natural development. This thesis was inspired by the intuition that even though courts and lawyers around the world reason more and more in proportionality terms, proportionality can mean very different things in different contexts, even within the same legal system. While the relevant literature has paid little attention to differences in the use of proportionality, identifying the local meanings of proportionality is crucial to making sense of its spread, to assessing its success, and to appraising the possibility of convergence between legal systems. Through an in-depth study and comparison of the use of proportionality by legal actors in France, England and Greece, this work shows that the local meanings of proportionality are not simply deviant applications of a global model. Instead, they reflect the legal cultures in which they evolve, local paths of cultural change and local patterns of Europeanisation. La proportionnalité a progressivement pris une place centrale dans l’imaginaire juridique. Initialement conçue comme un principe qui régit l’utilisation des pouvoirs de police, elle est aujourd’hui considérée comme un outil avancé de science constitutionnelle. Sa généralisation, accompagnée par le paradigme du droit constitutionnel global, est perçue comme irrésistible et naturelle. Cette recherche a été guidée par l’intuition que, même si les juristes à travers le monde raisonnent de plus en plus en termes de proportionnalité, celle-ci peut avoir des sens très différents, et ce, même au sein d’un seul système juridique. Les différentes utilisations du langage de la proportionnalité sont rarement étudiées en tant que tels. Pour autant, l’identification des sens locaux de la proportionnalité est cruciale si l’on veut comprendre sa propagation, apprécier son succès et évaluer les possibilités de convergence entre systèmes juridiques. Ce travail consiste en une étude approfondie et comparative de l’utilisation du langage de la proportionnalité parmi les acteurs juridiques en France, en Angleterre et en Grèce. Il cherche à montrer que les sens locaux de la proportionnalité ne sont pas simplement des applications imparfaites d’un modèle global. Au contraire, ils reflètent les cultures au sein desquelles ils évoluent, des chemins d’évolution culturelle propres à chaque système et des trajectoires locales d’européanisation.
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MANOLKIDIS, Sotirios K. "Granting benefits through constitutional adjudication : the extension of the most favourable norm in Greece and Italy." Doctoral thesis, 1995. http://hdl.handle.net/1814/4700.

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Defence date: 13 November 1995
Examining board: Prof. G. Amato ; Prof. L. Mª Díez-Picazo, supervisor ; Dr. M. La Torre ; Prof. G. Pitruzzella ; Prof. E. Venizelos
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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Books on the topic "Constitutional law – Greece"

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Spyropoulos, Philippos K. Constitutional law in Greece. Netherlands: Kluwer Law International, 2009.

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Théodore, Fortsakis, ed. Constitutional law in Greece. Netherlands: Kluwer Law International, 2009.

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Spyropoulos, Philippos K. Constitutional law in Greece. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2013.

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author, Vourloumēs Panagēs 1937, Gerapetritis George author, Ktistakis Giannēs author, Manos Stephanos author, and Spyropoulos Philippos K. author, eds. Hena kainotomo syntagma gia tēn Hellada: Keimena ergasias = A new constitution for Greece. Athēna: Metaichmio, 2016.

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Dagtoglou, P. D. To Syntagma meta tēn anatheōrēsē tou 2001: Authentiko kai metaglōttismeno keimeno. 6th ed. Athēna: Ekdoseis Ant.N. Sakkoula, 2003.

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editor, Kaltsōnēs Dēmētrēs 1967, ed. To Syntagma tēs Eleutherēs Helladas. Athēna: Ekdoseis Topos, 2022.

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Jeremy, Bentham. Securities against misrule and other constitutional writings for Tripoli and Greece. Oxford: Clarendon Press, 1990.

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Wiltshire, Susan Ford. Greece, Rome, and the Bill of Rights. Norman: University of Oklahoma Press, 1992.

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Democracy and the rule of law in classical Athens: Essays on law, society, and politics. New York: Cambridge University Press, 2006.

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The Areopagos Council, to 307 B.C. Baltimore: Johns Hopkins University Press, 1989.

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Book chapters on the topic "Constitutional law – Greece"

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Vlachogiannis, Apostolos. "Constitutional change in Greece as a result of the financial crisis." In Peace, Discontent and Constitutional Law, 231–50. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021. |: Routledge, 2021. http://dx.doi.org/10.4324/9781003083894-16.

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Tzortzatou, Olga, and Anastasia Siapka. "Mapping the Biobank Landscape in Greece." In GDPR and Biobanking, 291–307. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_16.

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AbstractThe biobank landscape in Greece is mainly defined by tissue and data collections created in the course of clinical practice whose samples are subsequently repurposed for research. Given that there is no specific Greek biobank law, these collections have been so far governed through provisions drawn from the domestic civil and constitutional legal armamentarium concerning (biomedical) research as well as soft and hard EU and international laws. This chapter provides an empirical overview of the biobank landscape in Greece, describing existing biobanks and tissue collections potentially used for research in a non-exhaustive manner. Next, it explores how the Greek Law on the Protection of Personal Data envisages individuals’ rights in the context of biobanking research and how these rights are weighted against the public interest. Finally, it evaluates the potential impact of the GDPR on biobanking in Greece.
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Contiades, Xenophon, Charalambos Papacharalambous, and Christos Papastylianos. "The Constitution of Greece: EU Membership Perspectives." In National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law, 641–83. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-273-6_14.

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Zimmermann, Andreas. "Would the World Be a Better Place If One Were to Adopt a European Approach to State Immunity? Or, ‘Soll am Europäischen Wesen die Staatenimmunität Genesen’?" In Remedies against Immunity?, 219–33. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_12.

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AbstractThis chapter argues not only that there is no European Sonderweg (or ‘special way’) when it comes to the law of state immunity but that there ought not to be one. Debates within The Hague Conference on Private International Law in the late 1990s and those leading to the adoption of the 2002 UN Convention on Jurisdictional Immunities of States, as well as the development of the EU Brussels Regulation on Jurisdiction and Enforcement, as amended in 2015, all demonstrate that state immunity was not meant to be limited by such treaties but ‘safeguarded’. Likewise, there is no proof that regional European customary law limits state immunity when it comes to ius cogens violations, as Italy and (partly) Greece are the only European states denying state immunity in such cases while the European Court of Human Rights has, time and again, upheld a broad concept of state immunity. It therefore seems unlikely that in the foreseeable future a specific European customary law norm on state immunity will develop, especially given the lack of participation in such practice by those states most concerned by the matter, including Germany. This chapter considers the possible legal implications of the jurisprudence of the Italian Constitutional Court for European military operations (if such operations went beyond peacekeeping). These implications would mainly depend on the question of attribution: if one where to assume that acts undertaken within the framework of military operations led by the EU were to be, at least also, attributable to the troop-contributing member states, the respective troop-contributing state would be entitled to enjoy state immunity exactly to the same degree as in any kind of unilateral military operations. Additionally, some possible perspectives beyond Sentenza 238/2014 are examined, in particular concerning the redress awarded by domestic courts ‘as long as’ neither the German nor the international system grant equivalent protection to the victims of serious violations of international humanitarian law committed during World War II. In the author’s opinion, strengthening the jurisdiction of international courts and tribunals, bringing interstate cases for damages before the International Court of Justice, as well as providing for claims commissions where individual compensation might be sought for violations of international humanitarian law would be more useful and appropriate mechanisms than denying state immunity.
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Claire Van, Overdijk, Maria Mousmouti, and Haris Meidanis. "Greece." In The International Protection of Adults. Oxford University Press, 2015. http://dx.doi.org/10.1093/9780198727255.003.0043.

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Greece has a civil law system. The Greek Constitution, Article 87(1) provides that justice is administered by courts composed of regular judges who enjoy functional and personal independence. Courts are separated into administrative, civil, and criminal courts and are organized by individual statutes.
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Petersmann, Ernst-Ulrich. "Constitutional Economics for Multilevel Economic Regulation." In Transforming World Trade and Investment Law for Sustainable Development, 127—C4.N68. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192858023.003.0005.

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Abstract Chapter 4 explains why constitutional and institutional economics and public choice theory can assist in narrowing the value conflicts between US neo-liberalism, China’s constitutionally unrestrained state capitalism, and Europe’s ordo-liberal constitutionalism. Transforming the world for realizing sustainable development requires multilevel regulation of market failures (e.g. by competition, environmental, and social law and institutions), governance failures (e.g. by individual rights and judicial remedies), and constitutional failures (e.g. by common market law, democratic constitutionalism protecting human and constitutional rights). Interpreting the World Trade Organization (WTO) sustainable development objectives in conformity with the United Nations (UN) Sustainable Development Goals may offer more coherent benchmarks for evaluating economic and environmental measures (like carbon taxes, carbon border adjustments, green subsidies, regulatory restrictions of greenhouse gas emissions) than neo-liberal conceptions of Kaldor–Hicks efficiencies. Globalization and its transformation of national into transnational public goods require extending constitutional and institutional economics to multilevel governance in order to enhance the wealth of nations, not only through cooperation and division of labour among private economic actors but also among law-makers, governments, and courts beyond national frontiers.
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Elliott, Mark, and Jason Varuhas. "1. Introductory Matters." In Administrative Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198719465.003.0001.

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This introduction provides an overview of administrative law and administrative power in the UK. It begins with a discussion of the ‘red light’ and ‘green light’ theories of administrative law, along with judicial review. In particular, it considers the scope and intensity of judicial review, why judicial review is expanding, and whether (more) judicial review is a good thing. It then examines the debate about the constitutional basis of judicial review, focusing on the ultra vires doctrine and its modified version, and whether judicial review must be related to legislative intention. It also explains administrative power in the modern UK constitution, paying attention to the main features of the devolution systems, the powers and nature of the devolved institutions, the political and legal accountability of devolved administrations, and the powers of the local government.
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John H, Knox. "Part VII Inter-linkages with Other Regimes, Ch.45 Human Rights." In The Oxford Handbook of International Environmental Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198849155.003.0045.

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This chapter examines the relationship between human rights and the environment, which has developed through the adoption and interpretation of many different national constitutions and laws, human rights treaties, and multilateral environmental agreements (MEAs). The development of what might be called ‘environmental human rights law’ has occurred in three main channels. First, efforts to achieve recognition of a human right to a healthy environment, while ineffective at the UN, have achieved widespread success at the national and regional levels. Second, some multilateral environmental instruments have incorporated human rights norms, especially rights of access to information, public participation, and remedy. Third, human rights tribunals and other monitoring bodies have ‘greened’ human rights law by applying a wide range of human rights to environmental harm. The chapter explains each of these paths of development before sketching potential lines of further development through recognition of the rights of nature and of future generations.
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Stanton, John, and Craig Prescott. "3. The rule of law." In Public Law, 72–114. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198852278.003.0003.

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This chapter starts by defining the rule of law, explaining its importance, and placing its origins in Ancient Greece and the writings of Aristotle. Following a brief consideration of how the principle has developed since that time, it discusses the consideration provided by Dicey who, writing his seminal text An Introduction to the Study of the Law of the Constitution—(1885), explored the meaning of the rule of law and its place in the UK Constitution. The chapter then considers broader theories of the rule of law, dividing these into those that support what are known as ‘formal conceptions’ of the rule of law, and ‘substantive conceptions’ of the rule of law. Finally, it explores the way in which the rule of law can be said to apply in the UK Constitution, both historically and in terms of modern-day authorities.
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Stanton, John, and Craig Prescott. "3. The rule of law." In Public Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198722939.003.0003.

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This chapter starts by defining the rule of law, explaining its importance and placing its origins in Ancient Greece and the writings of Aristotle. Following a brief consideration of how the principle has developed since that time, it discusses the consideration provided by Dicey who, writing his seminal text An Introduction to the Study of the Law of the Constitution — (1885), explored the meaning of the rule of law and its place in the UK Constitution. The chapter then considers broader theories of the rule of law, dividing these into those that support what are known as ‘formal conceptions’ of the rule of law, and ‘substantive conceptions’ of the rule of law. Finally, it explores the way in which the rule of law can be said to apply in the UK Constitution, both historically and in terms of modern day authorities.
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Conference papers on the topic "Constitutional law – Greece"

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Ardhanariswari, Riris, and Muhammad Fauzan. "The Efforts to Make a Green Constitution Through Judicial Review Conducted by the Constitutional Court." In Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icglow-19.2019.68.

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Budimansyah, Dasim, Susan Fitriasari, Dede Iswandi, Dwi Iman Muthaqin, and Nisrina Nurul Insani. "Green Constitution: Developing Environmental Law Awareness." In 2nd International Conference on Social Sciences Education (ICSSE 2020). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210222.031.

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Alfath, T. Primananda, Lilik Pudjiastuti, and Dina Sunyowati. "The Legal Framework of Green Governance in Archipelagic State Based on Constitution of The Republic of Indonesia." In Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icglow-19.2019.9.

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Darwance, Dwi Haryadi, and Yokotani Yokotani. "The Election Smart House Management as a Society Political Education FacilityReconstructing the Developmet of Eco-Friendly Environment as the Green Constitution (Study of Tin Mining and Environmental Degradation in Bangka Belitung Islands)." In Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icglow-19.2019.30.

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