Constitutional Pluralism In The European Union And Beyond
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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.
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.
Self Constitution Of European Society
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Author : Jiří Přibáň
language : en
Publisher: Routledge
Release Date : 2016-05-26
Self Constitution Of European Society written by Jiří Přibáň and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-26 with Law categories.
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.
Research Handbook On Legal Pluralism And Eu Law
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Author : Gareth Davies
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
Research Handbook On Legal Pluralism And Eu Law written by Gareth Davies 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 2018 with categories.
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.
Constitutional Pluralism In The Eu
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Author : Klemen Jaklic
language : en
Publisher: Oxford University Press
Release Date : 2014
Constitutional Pluralism In The Eu written by Klemen Jaklic 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 2014 with Law categories.
This book offers the first overarching examination of constitutional pluralism in the European context. Mapping the leading work to date, it offers a critical assessment of the problems and potential of pluralist theory, arguing that a refined version of constitutional pluralism should be considered the best account 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.
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.
The Foundations Of The Eu As A Polity
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Author : Massimo Fichera
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-08-31
The Foundations Of The Eu As A Polity 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 2018-08-31 with Law categories.
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.
Citizenship In The European Union
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Author : Anne Wesemann
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-10-30
Citizenship In The European Union written by Anne Wesemann 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 2020-10-30 with Law categories.
The book proposes a new approach to constitutional analysis of the EU and its legal framework, arguing that the existence of constitutional rights norms within EU law enables this particular legal order to respond effectively to societal and political challenges within the rigidity of constitutionalism. Providing new perspectives on constitutionalism in the EU, this book considers the way the Court of Justice of the European Union (CJEU) discusses and applies the EU citizenship Treaty norms by analysing the courts approach to decision making, which resembles the balancing and weighing of conflicting principles.
Beyond Constitutionalism
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Author : Nico Krisch
language : en
Publisher: OUP Oxford
Release Date : 2012-09-06
Beyond Constitutionalism written by Nico Krisch and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-06 with Law categories.
Under pressure from globalisation, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postnational legal order. The typical response of constitutional and international lawyers as well as political theorists has been to extend domestic concepts - especially constitutionalism - beyond the state. Yet as this book argues, proposals for postnational constitutionalism not only fail to provide a plausible account of the changing shape of postnational law but also fall short as a normative vision. They either dilute constitutionalism's origins and appeal to 'fit' the postnational space; or they create tensions with the radical diversity of postnational society. This book explores an alternative, pluralist vision of postnational law. Pluralism does not rely on an overarching legal framework but is characterised by the heterarchical interaction of various suborders of different levels - an interaction that is governed by a multiplicity of conflict rules whose mutual relationship remains legally open. A pluralist model can account for the fragmented structure of the European and global legal orders and it reflects the competing (and often equally legitimate) claims for control of postnational politics. However, it typically provokes concerns about stability, power and the rule of law. This book analyses the promise and problems of pluralism through a theoretical enquiry and empirical research on major global governance regimes, including the European human rights regime, the contestation around UN sanctions and human rights, and the structure of global risk regulation. The empirical research reveals how prevalent pluralist structures are in postnational law and what advantages they possess over constitutionalist models. Despite the problems it also reveals, the analysis suggests cautious optimism about the possibility of stable and fair cooperation in pluralist settings.