Postnational Constitutionalism
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Postnational Constitutionalism
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Author : Paul Linden-Retek
language : en
Publisher: Oxford University Press
Release Date : 2023-03-29
Postnational Constitutionalism written by Paul Linden-Retek 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 2023-03-29 with Law categories.
At a time when the integration of the European Union's peoples through the rule of law is faltering, this book develops a critical theory of postnational constitutionalism. Today, widely held conceptions of EU law continue to mislead citizens about the nature of political identity, sovereignty, and agency. They lose sight of a critical idea on which post-nationalism depends-that constitutional self-authorship is narrative, and the polity is a subject whose identity, history, and legacy are still in formation. Absent this vision, EU law reproduces crises of legitimacy: the depoliticization of public life; emergency rule by executive decree; a collapse of solidarity; and the rise of nativist movements. The book diagnoses this impasse as the product of a problem familiar to modernity: reification—a process in which social and historical relationships are misattributed as timeless relations among things. Reification's shrinking of social dilemmas, moral principles, and political action to narrow perceptions of the present explains law's role in perpetuating crisis. But this diagnosis also points to a remedy. It suggests that to sustain the emancipatory potential of EU constitutionalism we must recover law's relationship to time. Postnational Constitutionalism: Europe and the Time of Law proposes a temporally-attuned constitutional theory with principles of anti-reification, narrative interpretation, and non-sovereign agency at its centre. These principles reimagine essential domains of constitutional order: social integration, constitutional adjudication, and constituent power. Spanning various bodies of EU jurisprudence, the book devotes particular attention to migration and asylum—struggles where questions of solidarity, law, and belonging are most generative and acute.
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.
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.
The Defence Of Constitutionalism
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Author : Přibáň, Jiří
language : en
Publisher: Charles University in Prague, Karolinum Press
Release Date : 2017-09-01
The Defence Of Constitutionalism written by Přibáň, Jiří and has been published by Charles University in Prague, Karolinum Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-01 with Political Science categories.
More than a century after the publication of Czech politician Tomáš Garrigue Masaryk’s study The Czech Question, Czech politics has become a pragmatic question of democratic constitutionalism and civility. Originally published in major Czech newspapers, these essays on contemporary European politics demonstrate that this new understanding involves both technical questions of power-making and critical questions of its meaning. Democracy, Jirí Pribán shows, is the proces of permanent self-correction. It possesses both the capacity to respond to unexpected problems and crises and intrinsic tensions between principled arguments and everyday administrative processes. Defending constitutionalism, therefore, draws on principles of civil rights and freedoms, limited government, and representative democracy, the validity and persuasive force of which are at stake not only in the Czech Republic, but also in the European Union and our global society at large.
Postnational Constitutionalism
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Author : Paul Linden-Retek
language : en
Publisher: Oxford University Press
Release Date : 2023
Postnational Constitutionalism written by Paul Linden-Retek 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 with Law categories.
Develops a critical theory of postnational constitutionalism at a time when the project of integrating Europe's peoples through the rule of law is faltering. Spanning many bodies of EU jurisprudence, Linden-Retek devotes specific attention to migration and asylum--struggles where questions of solidarity and belonging are most acute.
The Defence Of Constitutionalism
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Author : JII. PIBA
language : en
Publisher:
Release Date : 2017
The Defence Of Constitutionalism written by JII. PIBA and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Electronic books categories.
Constitutionalism In The Global Realm
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Author : Poul F. Kjaer
language : en
Publisher: Routledge
Release Date : 2014-04-03
Constitutionalism In The Global Realm written by Poul F. Kjaer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-03 with Law categories.
This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political 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, in both the EU's internal and its external relations. The book culminates in a dialogical 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.
A Sociology Of Transnational Constitutions
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Author : Chris Thornhill
language : en
Publisher: Cambridge University Press
Release Date : 2016-09-15
A Sociology Of Transnational Constitutions written by Chris Thornhill 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 2016-09-15 with History categories.
This book develops a unique sociological approach to the analysis of transnational legal norms. This title is also available as Open Access.
Rethinking Human Rights And Global Constitutionalism
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Author : Ekaterina Yahyaoui Krivenko
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Rethinking Human Rights And Global Constitutionalism written by Ekaterina Yahyaoui Krivenko 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 2017-10-26 with Law categories.
This book offers new perspectives and insights into the functioning of mechanisms utilised by global constitutionalism.