European Constitutionalism Beyond The State PDF Download
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Author | : J. H. H. Weiler |
Publisher | : Cambridge University Press |
Total Pages | : 256 |
Release | : 2003-09-04 |
Genre | : Law |
ISBN | : 9780521796712 |
Download European Constitutionalism Beyond the State Book in PDF, ePub and Kindle
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
Author | : Turkuler Isiksel |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2016 |
Genre | : Law |
ISBN | : 019875907X |
Download Europe's Functional Constitution Book in PDF, ePub and Kindle
Through a critical appraisal of the European Union and its legal system, this book evaluates the extent to which constitutionalism as an empirical idea and normative ideal can be adapted to institutions beyond the state.
Author | : Christian Calliess |
Publisher | : Cambridge University Press |
Total Pages | : 393 |
Release | : 2019-10-24 |
Genre | : Law |
ISBN | : 1108480438 |
Download Constitutional Identity in a Europe of Multilevel Constitutionalism Book in PDF, ePub and Kindle
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Author | : Nico Krisch |
Publisher | : Oxford University Press, USA |
Total Pages | : 383 |
Release | : 2010-10-28 |
Genre | : Law |
ISBN | : 0199228310 |
Download Beyond Constitutionalism Book in PDF, ePub and Kindle
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Author | : Michael W. Dowdle |
Publisher | : Cambridge University Press |
Total Pages | : 375 |
Release | : 2017-01-26 |
Genre | : Law |
ISBN | : 1316943089 |
Download Constitutionalism beyond Liberalism Book in PDF, ePub and Kindle
Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.
Author | : Nicholas Tsagourias |
Publisher | : Cambridge University Press |
Total Pages | : 348 |
Release | : 2007-07-19 |
Genre | : Law |
ISBN | : 113946468X |
Download Transnational Constitutionalism Book in PDF, ePub and Kindle
An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.
Author | : Fruzsina Gárdos-Orosz |
Publisher | : Routledge |
Total Pages | : 309 |
Release | : 2021-05-03 |
Genre | : Business & Economics |
ISBN | : 1000386228 |
Download Populist Challenges to Constitutional Interpretation in Europe and Beyond Book in PDF, ePub and Kindle
This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Author | : Jiří Přibáň |
Publisher | : Routledge |
Total Pages | : 284 |
Release | : 2016-03-09 |
Genre | : Law |
ISBN | : 1317052080 |
Download Sovereignty in Post-Sovereign Society Book in PDF, ePub and Kindle
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
Author | : Kaarlo Tuori |
Publisher | : Cambridge University Press |
Total Pages | : 419 |
Release | : 2015-07-16 |
Genre | : Law |
ISBN | : 1107087090 |
Download European Constitutionalism Book in PDF, ePub and Kindle
This book provides a new understanding of the European constitution as a multidimensional process of constitutionalization, constantly interacting with Member State constitutions.
Author | : Matej Avbelj |
Publisher | : Bloomsbury Publishing |
Total Pages | : 452 |
Release | : 2012-02-29 |
Genre | : Law |
ISBN | : 1847318916 |
Download Constitutional Pluralism in the European Union and Beyond Book in PDF, ePub and Kindle
Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.