Radical Constitutional Pluralism In Europe PDF Download
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Author | : Orlando Scarcello |
Publisher | : Taylor & Francis |
Total Pages | : 183 |
Release | : 2022-12-23 |
Genre | : Law |
ISBN | : 1000828530 |
Download Radical Constitutional Pluralism in Europe Book in PDF, ePub and Kindle
This book explains the challenge of constitutional pluralism and its importance, showing its theoretical and practical relevance, and giving a sense of why the existing scholarship on the matter is unsatisfactory. The work explores how legal practitioners and theorists have faced the challenge of a society living under two constitutions at the same time. This comes as the European Union, which legally and politically integrates Europe and seems to challenge the view that no State can simultaneously abide by both the venerable national constitutions and the ever-developing EU constitutional law, is increasingly torn between calls for closer integration to face collective challenges and mounting Euroscepticism and nationalism. This work employs a strongly pluralist perspective and a comparative methodology, and looks at constitutional crises outside the EU to ground the claim that pluralism and conflicts are essential elements of modern constitutions. It shows how the challenge of constitutional pluralism depends on a mistaken interpretation of positivist theory and how the latter, reinterpreted in a manner close to legal realism, has the resources to explain pluralism. Finally, the book addresses the issue of constitutional conflicts within the EU: it examines in detail recent cases of open disobedience to EU law by national courts and distinguishes physiological conflict from constitutional pathology. This work will be of particular interest to students and academics in Law and Political Science. It will also be compelling reading for scholars in general jurisprudence, EU law, constitutional and comparative constitutional law, and the history of European integration.
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.
Author | : Klemen Jaklic |
Publisher | : OUP Oxford |
Total Pages | : 374 |
Release | : 2014-01-09 |
Genre | : Law |
ISBN | : 019100894X |
Download Constitutional Pluralism in the EU Book in PDF, ePub and Kindle
Where does the law and political power of any given territory come from? Until recently it was believed that it came from a single and hierarchical source of constitutional authority, a sovereign people and their constitution. However, how can this model account for the new Europe? Where state constitutions and the European Constitution, which are ultimately equally self-standing sources of constitutional authority, overlap heterarchically over a shared piece of territory. Constitutional pluralism is a new branch within constitutional thought that argues sovereignty is no longer the accurate and normatively superior constitutional foundation. It instead replaces this thought with its own foundation. It emerged on the basis of contributions by the leading EU constitutionalists and has now become the most dominant branch of European constitutional thought. Its claims have also overstepped the European context, suggesting that it offers historic advantages for further development of the idea of constitutionalism and world order as such. This book offers the first overarching examination of constitutional pluralism.Comprehensively mapping out the leading contributions to date and solving the complicated labyrinth they currently form, Klemen Jaklic offers a complete assessment against existing and new criticisms while elaborating his own original vision. Constitutional pluralism thus refined has the potential to rightfully be considered the superior new approach within constitutional thought.
Author | : Gráinne de Búrca |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2011-10-13 |
Genre | : Political Science |
ISBN | : 1139501925 |
Download The Worlds of European Constitutionalism Book in PDF, ePub and Kindle
The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, in both the EU's internal and its external relations. The book culminates in a dialogical epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike.
Author | : Gareth Davies |
Publisher | : Edward Elgar Publishing |
Total Pages | : 437 |
Release | : |
Genre | : Electronic books |
ISBN | : 1786433095 |
Download Research Handbook on Legal Pluralism and EU Law Book in PDF, ePub and Kindle
The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.
Author | : Klemen Jaklic |
Publisher | : |
Total Pages | : 700 |
Release | : 2008 |
Genre | : |
ISBN | : |
Download European Constitutional Pluralism Book in PDF, ePub and Kindle
Author | : Suvi Sankari |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 486 |
Release | : 2013-02-28 |
Genre | : Law |
ISBN | : 1409497291 |
Download The Many Constitutions of Europe Book in PDF, ePub and Kindle
This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.
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 | : Marco Goldoni |
Publisher | : |
Total Pages | : 0 |
Release | : 2010 |
Genre | : |
ISBN | : |
Download Constitutional Pluralism and the Politics of the European Common Good Book in PDF, ePub and Kindle
The question of the European common good (or public interest) is rarely posed. This is due, probably, to the hybrid nature of the EU. Its multilayered institutional nature makes the problem of how to track European public interests much more challenging, at least when compared to the national level. Constitutional pluralism seems to be one of the most inspiring theories of European constitutionalism. It can account for the stratified institutional framework of the Union. Therefore, it is a natural candidate for explaining how to track the European public interest. Pluralism may serve as the best methodology for keeping into account and respecting the multiple perspectives on the common good represented by every institutional layer of the Union. After having examined the theories of two of the most influential authors of constitutional pluralism, this essay tries to show how pluralism might improve its highly potential explanatory and normative force, that is, by including in the institutional picture not only courts, but also political institutions. In this way, every European and national voice might have a fair say in the interactions between institutions.
Author | : Giuseppe Martinico |
Publisher | : Taylor & Francis |
Total Pages | : 175 |
Release | : 2022-08-05 |
Genre | : Law |
ISBN | : 1000630692 |
Download The Tangled Complexity of the EU Constitutional Process Book in PDF, ePub and Kindle
Offering a fresh view on the EU constitutionalisation process, the new edition of The Tangled Complexity of the EU Constitutional Process presents three main points: the idea of constitutional complexity, the tension between constitutional evolutionism and constitutional constructivism in the process of European integration, and the functional nature of conflicts in the evolution of the EU. Because of its prodigiousness, European law produces consternation among constitutionalists accustomed to traditional patterns of power. This book argues that while constitutional conflicts have frequently been depicted as elements of disturbance along the path towards legal coherence, they are physiological and might even be functional to the development of the European legal order, which should not be understood in a deterministic manner. The new edition will be of particular interest to academics and students in the disciplines of law, international relations, and political science.