Anna J Cornell | Uppsala University (original) (raw)
Professor in Comparative Constitutional Law at Uppsala University
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Papers by Anna J Cornell
Journal of Common Market Studies, 2017
legitimacy as the book cover hints at? Some findings suggest a positive relationship between the ... more legitimacy as the book cover hints at? Some findings suggest a positive relationship between the two. For instance, the ECB's independence from political influence in monetary policy has increased the EU's democratic accountability (p. 138). However, the question of when independence is too high to challenge an actor's legitimacy remains open. To conclude, the edited volume is an interesting read (mainly) for legal scholars interested in inter-institutional relations in general, and the delegation to NMBs in particular.
Processes of International and Constitutional Socialization in Russia : Misconceptions and Overes... more Processes of International and Constitutional Socialization in Russia : Misconceptions and Overestimations
In Search for a Theory of Constitutional Interpretation in Congruence with European Human Rights Law
European Constitutional Law Review, 2016
Early Warning Mechanism – Principle of Subsidiarity – Lisbon Treaty – Protocol No. 2 on Proportio... more Early Warning Mechanism – Principle of Subsidiarity – Lisbon Treaty – Protocol No. 2 on Proportionality and Subsidiarity – A theoretical definition of the Principle of Subsidiarity – The scope of the Principle of Subsidiarity – Scrutiny of the respect for the principle of subsidiarity – The role of national parliaments in the EU legislative procedure – The Swedish Riksdag – national constitutional law – decentralised scrutiny – no selection mechanism – sectoral committees – reasoned opinions – the role of the Plenary – the Committee on the Constitution – method for scrutiny – the principle of proportionality – principle of conferral – legality – European Public Prosecutor’s Office – broad or narrow scrutiny – impact of the Early Warning Mechanism
Central Asian Survey, 2011
This paper provides a historical perspective on the rise, and as I will argue, the fall of the p... more This paper provides a historical perspective on the rise, and as I
will argue, the fall of the policy of international socialization, or at
least some very serious challenges to it in relation to Russia. One
important aspect of processes of international socialization is the
constitutional framework. To change formal constitutional rules in
order to foster a liberal society is an important part of processes of
international socialization. In this paper I propose that misconceptions
and overestimations regarding processes of constitutional
socialization can contribute to explaining the failing policy of international
socialization. This paper takes its starting point in Schimmelfennig’s
theory on international socialization. For the purpose
of this study the Council of Europe will be analyzed as a socializing
agency and its strategy towards Central and Eastern Europe in general
and Russia in particular will be the focus of attention. Thereafter
follows an analysis of Russia as the target for the socializing
strategy, focusing on important constitutional and political challenges
to the socialization of Russia.
This article seeks to illustrate the challenges facing the Russian Federal Constitutional Court ... more This article seeks to illustrate the challenges facing the Russian
Federal Constitutional Court (RFCC) when it comes to combining
constitutional pragmatism and the implementation of European
human rights law. It will focus on the role of the RFCC for implementing
and developing the Russian Federal Constitution (RFC).
In so doing, most of the attention will be had to the methods of
interpretation used by the RFCC in two cases; the Markin case and
the Gladkov case. These cases have been chosen for the very reason
that they have been dealt with by the European Court of Human
Rights. These two cases also illustrate the dialogue between
the RFCC and the ECtHR, or rather the lack thereof. I will argue
that this dialogue can, and needs, to be improved, and that such a
dialogue is crucial for the implementation and development of the
RFC. I will suggest how this can be achieved and when doing that I
will draw some parallels to the Swedish experience. The main conclusion
is that the method of constitutional interpretation applied
by the RFCC restricts the impact of European human rights law on
Russian constitutional law.
Books by Anna J Cornell
Much has changed in European constitutional law after the Lisbon Treaty, not least the efforts to... more Much has changed in European constitutional law after the Lisbon Treaty, not least the efforts to increase democratic legitimacy by engaging national legislatures and introducing a stricter subsidiary review process, namely the Early Warning Mechanism (EWM). This collection looks at how national parliaments have adapted to their new roles and looks at how the new system has impacted on relations between the EU legislative bodies and national parliaments. A team of experts from across Europe explore the effect of the EWM on the national constitutional orders; analyse the regional impact of EWM and evaluate the new system of scrutiny. - See more at: http://www.bloomsburyprofessional.com/uk/national-and-regional-parliaments-in-the-eu-legislative-procedure-post-lisbon-9781782259190/#sthash.uheJnOq9.dpuf
Journal of Common Market Studies, 2017
legitimacy as the book cover hints at? Some findings suggest a positive relationship between the ... more legitimacy as the book cover hints at? Some findings suggest a positive relationship between the two. For instance, the ECB's independence from political influence in monetary policy has increased the EU's democratic accountability (p. 138). However, the question of when independence is too high to challenge an actor's legitimacy remains open. To conclude, the edited volume is an interesting read (mainly) for legal scholars interested in inter-institutional relations in general, and the delegation to NMBs in particular.
Processes of International and Constitutional Socialization in Russia : Misconceptions and Overes... more Processes of International and Constitutional Socialization in Russia : Misconceptions and Overestimations
In Search for a Theory of Constitutional Interpretation in Congruence with European Human Rights Law
European Constitutional Law Review, 2016
Early Warning Mechanism – Principle of Subsidiarity – Lisbon Treaty – Protocol No. 2 on Proportio... more Early Warning Mechanism – Principle of Subsidiarity – Lisbon Treaty – Protocol No. 2 on Proportionality and Subsidiarity – A theoretical definition of the Principle of Subsidiarity – The scope of the Principle of Subsidiarity – Scrutiny of the respect for the principle of subsidiarity – The role of national parliaments in the EU legislative procedure – The Swedish Riksdag – national constitutional law – decentralised scrutiny – no selection mechanism – sectoral committees – reasoned opinions – the role of the Plenary – the Committee on the Constitution – method for scrutiny – the principle of proportionality – principle of conferral – legality – European Public Prosecutor’s Office – broad or narrow scrutiny – impact of the Early Warning Mechanism
Central Asian Survey, 2011
This paper provides a historical perspective on the rise, and as I will argue, the fall of the p... more This paper provides a historical perspective on the rise, and as I
will argue, the fall of the policy of international socialization, or at
least some very serious challenges to it in relation to Russia. One
important aspect of processes of international socialization is the
constitutional framework. To change formal constitutional rules in
order to foster a liberal society is an important part of processes of
international socialization. In this paper I propose that misconceptions
and overestimations regarding processes of constitutional
socialization can contribute to explaining the failing policy of international
socialization. This paper takes its starting point in Schimmelfennig’s
theory on international socialization. For the purpose
of this study the Council of Europe will be analyzed as a socializing
agency and its strategy towards Central and Eastern Europe in general
and Russia in particular will be the focus of attention. Thereafter
follows an analysis of Russia as the target for the socializing
strategy, focusing on important constitutional and political challenges
to the socialization of Russia.
This article seeks to illustrate the challenges facing the Russian Federal Constitutional Court ... more This article seeks to illustrate the challenges facing the Russian
Federal Constitutional Court (RFCC) when it comes to combining
constitutional pragmatism and the implementation of European
human rights law. It will focus on the role of the RFCC for implementing
and developing the Russian Federal Constitution (RFC).
In so doing, most of the attention will be had to the methods of
interpretation used by the RFCC in two cases; the Markin case and
the Gladkov case. These cases have been chosen for the very reason
that they have been dealt with by the European Court of Human
Rights. These two cases also illustrate the dialogue between
the RFCC and the ECtHR, or rather the lack thereof. I will argue
that this dialogue can, and needs, to be improved, and that such a
dialogue is crucial for the implementation and development of the
RFC. I will suggest how this can be achieved and when doing that I
will draw some parallels to the Swedish experience. The main conclusion
is that the method of constitutional interpretation applied
by the RFCC restricts the impact of European human rights law on
Russian constitutional law.
Much has changed in European constitutional law after the Lisbon Treaty, not least the efforts to... more Much has changed in European constitutional law after the Lisbon Treaty, not least the efforts to increase democratic legitimacy by engaging national legislatures and introducing a stricter subsidiary review process, namely the Early Warning Mechanism (EWM). This collection looks at how national parliaments have adapted to their new roles and looks at how the new system has impacted on relations between the EU legislative bodies and national parliaments. A team of experts from across Europe explore the effect of the EWM on the national constitutional orders; analyse the regional impact of EWM and evaluate the new system of scrutiny. - See more at: http://www.bloomsburyprofessional.com/uk/national-and-regional-parliaments-in-the-eu-legislative-procedure-post-lisbon-9781782259190/#sthash.uheJnOq9.dpuf