Constitutional Acceleration Within The European Union And Beyond
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Constitutional Acceleration Within The European Union And Beyond
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Author : Paul Blokker
language : en
Publisher: Routledge
Release Date : 2017-10-12
Constitutional Acceleration Within The European Union And Beyond written by Paul Blokker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-12 with Law categories.
Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed analysis of the key challenges and changes affecting domestic constitutionalism in Europe and beyond, departing from the idea of ‘constitutional acceleration’ or the increased propensity of different actors to engage in (formal) reform of the constitutional order. The volume points to a fundamental change in the function of constitutions in that constitutions themselves are increasingly subjects of political contestation rather than framing political debates. 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. The volume includes a variety of disciplinary, and in some cases interdisciplinary, approaches, including (political) sociology, political science, constitutional law, and constitutional and legal theory, and will be of interest to researchers and students in any of these areas. Case studies focus on the EU and the wider European context, and include highly relevant but little known or ill-understood cases, such as the recent constitutional events in Iceland, Italy, or Romania, and cases of democratic reversal, such as Hungary, while also engaging with traditional but rapidly changing cases of constitutional interest, such as the UK.
European Constitutionalism Beyond The State
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Author : J. H. H. Weiler
language : en
Publisher: Cambridge University Press
Release Date : 2003-09-04
European Constitutionalism Beyond The State written by J. H. H. Weiler and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-09-04 with Law categories.
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
Constitutional Pluralism In The European Union And Beyond
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Author : Matej Avbelj
language : en
Publisher:
Release Date : 2012
Constitutional Pluralism In The European Union And Beyond written by Matej Avbelj and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Constitutional law categories.
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.
The Eu And Constitutional Time
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Author : Massimo Fichera
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-07-28
The Eu And Constitutional Time written by Massimo Fichera and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-28 with categories.
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. The author's claim is that duration should not be sought just for its own sake: an internal link between constitutionalism and democracy should be ensured. He suggests two options to achieve this objective. The first centres on decision-making at the sub-national or local level and by intermediate bodies, including cities and regions as well as political parties and private bodies. The second focuses on the promotion of socio-economic rights and welfare standards. Through these debates a theory of 'communal constitutionalism' is proposed - placing emphasis on the role of future generations. Combining temporal and reflexive dimensions it addresses the questions of how to be 'secure' and what it means for the EU polity to be 'secure'. This expertly crafted book will be essential reading for students and scholars of constitutional and administrative law, European law and legal theory. It will also be of interest to political scientists looking at European constitutionalism and sociologists interested in the development of law beyond the State.
Learning From The Eu Constitutional Treaty
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Author : Ben Crum
language : en
Publisher:
Release Date : 2014-07-03
Learning From The Eu Constitutional Treaty written by Ben Crum and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-03 with Constitutional history categories.
The negative results of referenda on the European Union (EU) Constitutional Treaty in France and the Netherlands, and subsequent low-key adoption of the Treaty of Lisbon raise complex questions about the possible democratization of international organisations. This book provides a full analysis of the EU Constitutional Treaty process, grounded in broader political theoretical debates about democratic constitutionalisation and globalization. As international organizations become permanent systems of governance that directly interfere in individuals' lives, it is not enough to have them legitimated by the consent of governments alone. This book presents an evaluation of the present EU Treaty of Lisbon in comparison with the original EU Constitutional Treaty, and analyses the importance of consent of the people, asking if saving the treaty came at the cost of democracy. Drawing first-hand on the European Convention and the referendum in the Netherlands, this book outlines an original political theory of democratic constitutionalisation beyond the nation-state, and argues that international organizations can be put on democratic foundations, but only by properly engaging national political structures. Learning from the EU Constitutional Treaty will be of interest to students and scholars of European Union politics, history and policy.
Critical Reflections On Constitutional Democracy In The European Union
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Author : Sacha Garben
language : en
Publisher: Hart Publishing
Release Date : 2019
Critical Reflections On Constitutional Democracy In The European Union written by Sacha Garben and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Constitutional law categories.
"This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners, legal and political perspectives, focusing on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the rich array of existing scholarship and debate, by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal"--
European Constitutionalism Beyond Lisbon
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Author : Jan Wouters
language : en
Publisher:
Release Date : 2009
European Constitutionalism Beyond Lisbon written by Jan Wouters and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Constitutional law categories.
As Europe's leaders seek to finally secure the ratification of the Treaty of Lisbon after the Irish "no" vote, it is time to take a step back and review, in a broader perspective, the past decade of attempts at European constitutional reform. This book discusses the changes that had been envisaged under the EU's Constitutional Treaty and the Treaty of Lisbon. It also shows, in a number of areas of European integration, the continuity of Europe's constitutional development before and beyond Lisbon. The subjects covered include treaty-making and understanding the outcome of referendums; the process of de-pillarization and the development of the EU's human rights agenda; citizenship, migration, and foreign policy; the EU's "social market economy;" the role of national parliaments and the search for more executive accountability and democratic legitimacy in the EU; and the issue of democracy and transparency. Views on the future of European constitutionalism conclude the discussion.
Constitutional Crisis In The European Constitutional Area
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Author : Armin von Bogdandy
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2015
Constitutional Crisis In The European Constitutional Area written by Armin von Bogdandy and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Constitutional law categories.
The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop serious deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitution s. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little studied aspect of European constitutionalism.
Maastricht And Beyond
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Author : Andrew Duff
language : en
Publisher:
Release Date : 1994
Maastricht And Beyond written by Andrew Duff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
Scholars of EC studies and integration theory survey the importance of the Treaty in furthering the aims of European Union, looking at policies, process and institutions and supplying political context.
The Abuse Of Constitutional Identity In The European Union
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Author : Julian Scholtes
language : en
Publisher: Oxford University Press
Release Date : 2023-08-08
The Abuse Of Constitutional Identity In The European Union written by Julian Scholtes and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-08 with Law categories.
The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.