Constitutional Pluralism In The European Union And Beyond PDF Download
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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 | : 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 | : Gareth Davies |
Publisher | : Edward Elgar Publishing |
Total Pages | : 448 |
Release | : 2018 |
Genre | : |
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 | : 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 | : Klemen Jaklic |
Publisher | : Oxford University Press, USA |
Total Pages | : 374 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0198703228 |
Download Constitutional Pluralism in the EU Book in PDF, ePub and Kindle
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.
Author | : Jiří Přibáň |
Publisher | : Routledge |
Total Pages | : 357 |
Release | : 2016-05-26 |
Genre | : Law |
ISBN | : 131705752X |
Download Self-Constitution of European Society Book in PDF, ePub and Kindle
Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and pluralism and their juridical and political uses in the context of EU constitutionalism. Individual chapters emphasize the importance of interdisciplinary and socio-legal methods in the current research of EU constitutionalism and their potential to re-conceptualize and re-think traditional problems of constitutional subjects, limitation and separation of power, political symbolism and identity politics in Europe. This collection simultaneously describes the EU and its self-constitution as one polity, differentiated society and shared community and its contributors conceptualize the sense of common identity and solidarity in the context of the post-sovereign multitude of European society.
Author | : Matej Avbelj |
Publisher | : Bloomsbury Publishing |
Total Pages | : 306 |
Release | : 2012-02-29 |
Genre | : Law |
ISBN | : 1847318924 |
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 | : Paul Blokker |
Publisher | : |
Total Pages | : 0 |
Release | : 2018 |
Genre | : Constitutional law |
ISBN | : 9781138211070 |
Download Constitutional Acceleration Within the European Union and Beyond Book in PDF, ePub and Kindle
The collection of essays addresses a range of critical challenges - including societal acceleration, depoliticization, civic engagement, multi-faceted constituent power, modernization, populism and nationalism, and transnationalization.
Author | : Tom Flynn |
Publisher | : Bloomsbury Publishing |
Total Pages | : 282 |
Release | : 2019-05-16 |
Genre | : Law |
ISBN | : 1509916180 |
Download The Triangular Constitution Book in PDF, ePub and Kindle
This book offers a new account of modern European constitutionalism. It uses the Irish constitutional order to demonstrate that, right across the European Union, the national constitution can no longer be understood on its own, in isolation from the EU legal order or from the European Convention on Human Rights. The constitution is instead triangular, with these three legal orders forming the points of a triangle, and the relationship and interactions between them forming the triangle's sides. It takes as its starting point the theory of constitutional pluralism, which suggests that overlapping constitutional orders are not necessarily arranged 'on top of' each other, but that they may be arranged heterarchically or flatly, without a hierarchy of superior and subordinate constitutions. However, it departs from conventional accounts of this theory by emphasising that we must still pay close attention to jurisdictional specificity in order to understand the norms that regulate pluralist constitutions. It shows, through application of the theory to case studies, that any attempt to extract universal principles from the jurisdictionally contingent interactions between specific legal orders is fraught with difficulty. The book is an important contribution to constitutional theory in general, and constitutional pluralism in particular, and will be of great interest to scholars in the field.
Author | : Massimo Fichera |
Publisher | : Edward Elgar Publishing |
Total Pages | : 224 |
Release | : 2018-08-31 |
Genre | : Law |
ISBN | : 1785363905 |
Download The Foundations of the EU as a Polity Book in PDF, ePub and Kindle
In this insightful book, Massimo Fichera provides an original account of European integration as a process. He argues that European constitutionalism has been informed from its earliest stages by a meta-rationale, which is expressed by security and fundamental rights as discourses of power. Employing this descriptive and normative conceptual framework to analyse the development of the EU as a polity, chapters cover significant recent events such as the Eurozone crisis, the refugee crisis, the rule of law crisis, Brexit and the constitutional identity crisis.