Constitutional Pluralism In The Eu

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Constitutional Pluralism In The Eu

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Author : Klemen Jaklic
language : en
Publisher: Oxford University Press, USA
Release Date : 2014

Constitutional Pluralism In The Eu written by Klemen Jaklic and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.

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 In The European Union And Beyond

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Author : Matej Avbelj
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-02-29

Constitutional Pluralism In The European Union And Beyond written by Matej Avbelj and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-29 with 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 Euro Crisis And Constitutional Pluralism

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Author : Tomi Tuominen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-06-25

The Euro Crisis And Constitutional Pluralism written by Tomi Tuominen 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 2021-06-25 with Law categories.

This insightful book assesses the theory of constitutional pluralism in light of the events of the Eurozone crisis of the past decade. Based on an analysis of how national courts reviewed the crisis response mechanisms and participated in the European-level political process, Tomi Tuominen argues that constitutional pluralism is not a valid normative theory of European constitutionalism.

Beyond Constitutionalism

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Author : Nico Krisch
language : en
Publisher: Oxford University Press, USA
Release Date : 2010-10-28

Beyond Constitutionalism written by Nico Krisch and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-28 with Law categories.

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.

A Cosmopolitan Legal Order

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Author : Alec Stone Sweet
language : en
Publisher: Oxford University Press
Release Date : 2018

A Cosmopolitan Legal Order written by Alec Stone Sweet 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 2018 with Law categories.

This book provides an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace, and to the elaboration of a Kantian-congruent model of constitutional justice, both within and beyond the nation state. Part II applies this theoretical framework to explain the gradual constitutionalization of a cosmopolitan legal order a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. The book argues that this order has emerged in Europe thanks to the combined effects of Protocol no. 11 (1998) of the European Convention on Human Rights and the incorporation of the Convention into national law. The book covers the strengthening of the Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to "qualified" rights, including privacy and family life, freedoms of speech, assembly, the press, conscience, and religion; the robust enforcement of "absolute" rights, including the prohibition of torture and inhuman treatment; and the Court's aim to render justice to all people that come under its jurisdiction, even non-citizens who live - and whose rights are violated - beyond Europe. It explains how the European Court of Human Rights has become one of the most active and important advocates for human rights in the world, while helping to construct a nascent cosmopolitan constitution in Europe.

Legal Pluralism In European Contract Law

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Author : Vanessa Mak
language : en
Publisher:
Release Date : 2020

Legal Pluralism In European Contract Law written by Vanessa Mak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.

The aim of this series is to publish important and original research on EU law. The focus is on scholarly monographs, with a particular emphasis on those which are interdisciplinary in nature. Edited collections of essays will also be included where they are appropriate. The series is wide in scope and aims to cover studies of particular areas of substantive and of institutional law, historical works, theoretical studies, and analyses of current debates, as well as questions of perennial interest such as the relationship between national and EU law and the novel forms of governance emerging in and beyond Europe. The fact that many of the works are interdisciplinary will make the series of interest to all those concerned with the governance and operation of the EU. Book jacket.

The Identity Of The Constitutional Subject

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Author : Michel Rosenfeld
language : en
Publisher: Taylor & Francis
Release Date : 2010

The Identity Of The Constitutional Subject written by Michel Rosenfeld and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.

Relying on historical examples of successfully implanted constitution regimes, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity.

Foreign Policy Objectives In European Constitutional Law

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Author : Joris Larik
language : en
Publisher: Oxford University Press
Release Date : 2016

Foreign Policy Objectives In European Constitutional Law written by Joris Larik 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 2016 with Law categories.

Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, this book examines the nature, functions, and potential of these objectives by approaching EU external relations law through both comparative constitutional analysis and international relations theory.

The Worlds Of European Constitutionalism

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Author : Gráinne de Búrca
language : en
Publisher: Cambridge University Press
Release Date : 2011-10-13

The Worlds Of European Constitutionalism written by Gráinne de Búrca 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 2011-10-13 with Political Science categories.

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, both in the EU's internal and its external relations. The book culminates in an interactive 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.

Courts Politics And Constitutional Law

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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2019-10-16

Courts Politics And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-16 with Law categories.

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.