Self Constitution Of European Society PDF Download
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| 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 | : Professor Jiří Přibáň |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 263 |
| Release | : 2015-08-28 |
| Genre | : Law |
| ISBN | : 1472460871 |
Download Sovereignty in Post-Sovereign Society Book in PDF, ePub and Kindle
This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition, and reformulates the concept and its persistence as part of the self-referential communication of the systems of positive law and politics. The author uses several contemporary European examples, developments and paradoxes and argues that the modern question of sovereignty permanently oscillating between de iúre authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics.
| Author | : Jiří Přibáň |
| Publisher | : Routledge |
| Total Pages | : 353 |
| Release | : 2016-05-26 |
| Genre | : Law |
| ISBN | : 1317057511 |
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 | : Jiří Přibáň |
| Publisher | : Routledge |
| Total Pages | : 238 |
| Release | : 2021-09-30 |
| Genre | : Law |
| ISBN | : 1000456102 |
Download Constitutional Imaginaries Book in PDF, ePub and Kindle
This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.
| Author | : Michelle Everson |
| Publisher | : Routledge |
| Total Pages | : 493 |
| Release | : 2007-09-21 |
| Genre | : Law |
| ISBN | : 1134070667 |
Download The Making of a European Constitution Book in PDF, ePub and Kindle
An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.
| Author | : Massimo Fichera |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 181 |
| Release | : 2023-07-01 |
| Genre | : Law |
| ISBN | : 1789909007 |
Download The EU and Constitutional Time Book in PDF, ePub and Kindle
This insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions and contradictions of European constitutionalism using the lens of constitutional time.
| 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 | : Turkuler Isiksel |
| Publisher | : Oxford University Press |
| Total Pages | : 376 |
| Release | : 2016-05-26 |
| Genre | : Law |
| ISBN | : 0191076872 |
Download Europe's Functional Constitution Book in PDF, ePub and Kindle
Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of 'functional constitutionalism' to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.
| 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 | : Ulrich Haltern |
| Publisher | : Hart Publishing |
| Total Pages | : 240 |
| Release | : 2021-03-11 |
| Genre | : Law |
| ISBN | : 9781782257479 |
Download The Constitution of the European Union Book in PDF, ePub and Kindle
This books provides a contextual analysis of the constitution of the European Union which, unlike most constitutions, does not belong to a state. Rather, the EU is an international organization that has moved beyond the features of international law into a terrain very close to the municipal law of federal states. Many features we take for granted in nation-states are non-existent, or contested, in the Union. There is no European Union constitutional text in the proper sense; the “Constitutional Treaty” signed by the Member States in 2004 failed spectacularly in the process of popular ratification. The Union's founding texts were international treaties – international law, not constitutional law. And yet, over time, legal doctrine put into place by the European Court of Justice in Luxembourg has led to constitutional attributes of Union law, and political practice, led by the Commission, has mirrored these attributes, complementing a de facto constitutionalist environment. As a consequence, we have seen a steady re-ordering of the functional boundaries of the Member States, followed by a nascent re-ordering of the imagined boundaries of political community and self. All of this is constitutionalism writ large: legal doctrines, institutional arrangements, political practices, and their implications for legitimacy, democracy, and political self-imagination, and together they form the subject of this fascinating book.
