Euroconstitutionalism And Its Discontents

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Euroconstitutionalism and Its Discontents

Author : Oliver Gerstenberg
Publisher : Oxford Constitutional Theory
ISBN 13 : 0198834330
Total Pages : 193 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Euroconstitutionalism and Its Discontents by : Oliver Gerstenberg

Download or read book Euroconstitutionalism and Its Discontents written by Oliver Gerstenberg and published by Oxford Constitutional Theory. This book was released on 2018 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. This book challenges the common view that constitutionalization means de-politicization. It argues that courts can exert a more indirect, creative, and agenda-setting role in the process of an ongoing clarification of the meaning of a right. The CJEU and the ECtHR - as courts beyond the nation state - are able to constructively re-open and re-politicize controversies that may appear settled at the national level in their constitutionalizing jurisprudence. And, crucially, our understanding of shared European constitutional principles is itself subject to revision and reconsideration as we accumulate experiences of dealing with diverse national contexts. 0By examining the jurisprudence of the CJEU and the ECtHR, the book demonstrates that in domain after domain, ranging from the protection of the vulnerable in the European social market to the guarantee of freedom of conscience, which in Europe emerged after many centuries of religious persecution, both courts can enhance and deepen democracy and thereby encourage the liberal project of constitutionalism beyond the state. Over time, once interpretive answers have become established in practice, courts can then move towards stronger forms of judicial intervention that consolidate best practice. It is this democratic and experimental process which lies at the heart of the distinctive model of contemporary Euroconstitutionalism." -- Page 2 of dust cover.

Euroconstitutionalism and its Discontents

Author : Oliver Gerstenberg
Publisher : Oxford University Press
ISBN 13 : 019257115X
Total Pages : 192 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Euroconstitutionalism and its Discontents by : Oliver Gerstenberg

Download or read book Euroconstitutionalism and its Discontents written by Oliver Gerstenberg and published by Oxford University Press. This book was released on 2018-11-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. This book challenges the common view that constitutionalization means de-politicization. It argues that courts can exert a more indirect, creative, and agenda-setting role in the process of an ongoing clarification of the meaning of a right. The CJEU and the ECtHR - as courts beyond the nation state - are able to constructively re-open and re-politicize controversies that may appear settled at the national level in their constitutionalizing jurisprudence. And, crucially, our understanding of shared European constitutional principles is itself subject to revision and reconsideration as we accumulate experiences of dealing with diverse national contexts. By examining the jurisprudence of the CJEU and the ECtHR, the book demonstrates that in domain after domain, ranging from the protection of the vulnerable in the European social market to the guarantee of freedom of conscience, which in Europe emerged after many centuries of religious persecution, both courts can enhance and deepen democracy and thereby encourage the liberal project of constitutionalism beyond the state. Over time, once interpretive answers have become established in practice, courts can then move towards stronger forms of judicial intervention that consolidate best practice. It is this democratic and experimental process which lies at the heart of the distinctive model of contemporary Euroconstitutionalism.

The Politics of European Legal Research

Author : Bartl, Marija
Publisher : Edward Elgar Publishing
ISBN 13 : 180220119X
Total Pages : 288 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis The Politics of European Legal Research by : Bartl, Marija

Download or read book The Politics of European Legal Research written by Bartl, Marija and published by Edward Elgar Publishing. This book was released on 2022-04-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.

Social Rights and the European Monetary Union

Author : González Pascual, Maribel
Publisher : Edward Elgar Publishing
ISBN 13 : 1839105259
Total Pages : 239 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Social Rights and the European Monetary Union by : González Pascual, Maribel

Download or read book Social Rights and the European Monetary Union written by González Pascual, Maribel and published by Edward Elgar Publishing. This book was released on 2022-10-20 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book examines the state of the European Monetary Union (EMU) and its shortcomings in terms of social rights protection in the context of the COVID-19 pandemic and the aftermath of the Euro crisis. Providing a critical analysis of the basic tenets of European economic governance, it highlights current challenges for a Social Europe and proposes new avenues for tackling these issues.

Constituent Power in the European Union

Author : Markus Patberg
Publisher : Oxford University Press, USA
ISBN 13 : 0198845219
Total Pages : 273 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Constituent Power in the European Union by : Markus Patberg

Download or read book Constituent Power in the European Union written by Markus Patberg and published by Oxford University Press, USA. This book was released on 2021-01-03 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.

Postnational Constitutionalism

Author : Paul Linden-Retek
Publisher : Oxford University Press
ISBN 13 : 019289918X
Total Pages : 353 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Postnational Constitutionalism by : Paul Linden-Retek

Download or read book Postnational Constitutionalism written by Paul Linden-Retek and published by Oxford University Press. This book was released on 2023 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Constitution of Social Democracy

Author : Alan Bogg
Publisher : Bloomsbury Publishing
ISBN 13 : 150991658X
Total Pages : 552 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Constitution of Social Democracy by : Alan Bogg

Download or read book The Constitution of Social Democracy written by Alan Bogg and published by Bloomsbury Publishing. This book was released on 2020-07-09 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.

The EU and Constitutional Time

Author : Massimo Fichera
Publisher : Edward Elgar Publishing
ISBN 13 : 1789909007
Total Pages : 181 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis The EU and Constitutional Time by : Massimo Fichera

Download or read book The EU and Constitutional Time written by Massimo Fichera and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Foundations and Future of Public Law

Author : Elizabeth Fisher
Publisher : Oxford University Press
ISBN 13 : 0192583913
Total Pages : 481 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Foundations and Future of Public Law by : Elizabeth Fisher

Download or read book The Foundations and Future of Public Law written by Elizabeth Fisher and published by Oxford University Press. This book was released on 2020-01-30 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.

Ideas That Matter

Author : Debra Satz
Publisher : Oxford University Press, USA
ISBN 13 : 019090495X
Total Pages : 281 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Ideas That Matter by : Debra Satz

Download or read book Ideas That Matter written by Debra Satz and published by Oxford University Press, USA. This book was released on 2019 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume take off from themes in the work of eminent philosopher and political scientist Joshua Cohen. Cohen is a deeply influential thinker who has written on deliberative democracy, freedom of expression, Rawlsian theory, global justice, and human rights. The essays gathered here both engage with Cohen's work and expand upon it, embodying his commitment to the idea that analytical work by philosophers and social scientists matters to our shared public life and to democracy itself. The contributors offer novel perspectives on pressing issues of public policy from accountability for sexual violence to exploitation in international trade. The volume is organized around three central ideas. The first concerns democracy, specifically how we can improve collective decision-making both by elucidating our normative principles and enacting institutional changes. The second idea centers on how we confront injustice, investigating the role of emotions, social norms, and culture in democratic politics and public discussion. The final section explores how we develop political principles and values in an interdependent world, one in which theories of justice and forms of cooperation are increasingly extending beyond the state. The principle uniting this collection is that ideas matter-they can guide us in understanding how to confront difficult global problems such as the fragility of democratic institutions, the place of sovereignty in a globalizing world, and the persistence of racial injustice.

Fundamental Labour Rights and the Constitution

Author : Giulia Frosecchi
Publisher : Taylor & Francis
ISBN 13 : 1000902579
Total Pages : 150 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Fundamental Labour Rights and the Constitution by : Giulia Frosecchi

Download or read book Fundamental Labour Rights and the Constitution written by Giulia Frosecchi and published by Taylor & Francis. This book was released on 2023-07-05 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.

Why Religious Freedom Matters for Democracy

Author : Myriam Hunter-Henin
Publisher : Bloomsbury Publishing
ISBN 13 : 1509904751
Total Pages : 225 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Why Religious Freedom Matters for Democracy by : Myriam Hunter-Henin

Download or read book Why Religious Freedom Matters for Democracy written by Myriam Hunter-Henin and published by Bloomsbury Publishing. This book was released on 2020-06-11 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the “accommodationist view”, which defers to religious requests, and the “analogous” view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.

Authoritarian Liberalism and the Transformation of Modern Europe

Author : Michael A. Wilkinson
Publisher : Oxford University Press
ISBN 13 : 0198854757
Total Pages : 353 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Authoritarian Liberalism and the Transformation of Modern Europe by : Michael A. Wilkinson

Download or read book Authoritarian Liberalism and the Transformation of Modern Europe written by Michael A. Wilkinson and published by Oxford University Press. This book was released on 2021 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.

Constitutionalism and the Paradox of Principles and Rules

Author : Marcelo Neves
Publisher : Oxford University Press
ISBN 13 : 0192898744
Total Pages : 225 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Constitutionalism and the Paradox of Principles and Rules by : Marcelo Neves

Download or read book Constitutionalism and the Paradox of Principles and Rules written by Marcelo Neves and published by Oxford University Press. This book was released on 2021 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.

Constituent Power and the Law

Author : Joel Colón-Ríos
Publisher : Oxford University Press
ISBN 13 : 0191089095
Total Pages : 368 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Constituent Power and the Law by : Joel Colón-Ríos

Download or read book Constituent Power and the Law written by Joel Colón-Ríos and published by Oxford University Press. This book was released on 2020-03-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constituent power is the power to create new constitutions. Frequently exercised during political revolutions, it has been historically associated with extra-legality and violations of the established legal order. This book examines the relationship between constituent power and the law. It considers the place of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. Commentators and citizens have relied on the concept of constituent power to defend the idea that electors have the right to instruct representatives, to negate the doctrine of parliamentary sovereignty, and to argue that the creation of new constitutions must take place through extra-legislative processes, including primary assemblies open to all citizens. More recently, several Latin American constitutions explicitly incorporate the theory of constituent power and allow citizens, acting through popular initiative, to trigger constitution-making episodes that may result in the replacement of the entire constitutional order. Constitutional courts have also at times employed constituent power to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the constitution and thus amount to a constitution-making exercise. Some governments have used it to defend the legality of attempts to transform the constitutional order through procedures not contemplated in the constitution's amendment rule, but considered participatory enough to be equivalent to 'the people in action', sometimes sanctioned by courts. Building on these findings, Constituent Power and the Law argues that constituent power, unlike sovereignty, should be understood as ultimately based on a legal mandate to produce a particular type of juridical content. In practice, this makes it possible for a constitution-making body to be understood as legally subject to popularly ratified substantive limits.

New Constitutional Horizons

Author : Cormac Mac Amhlaigh
Publisher : Oxford University Press
ISBN 13 : 0198852339
Total Pages : 257 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis New Constitutional Horizons by : Cormac Mac Amhlaigh

Download or read book New Constitutional Horizons written by Cormac Mac Amhlaigh and published by Oxford University Press. This book was released on 2022 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the conceptual puzzles that multilevel pluralism poses for our constitutional theories. It offers fresh perspectives by addressing the pluralism of norms and authorities from the viewpoint of legality and legitimacy, proposing novel solutions for pluralizing constitutional theory in the light of multilevel governance.

Constitutional Ratification Without Reason

Author : Jeffrey A. Lenowitz
Publisher : Oxford University Press
ISBN 13 : 0198852347
Total Pages : 401 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Constitutional Ratification Without Reason by : Jeffrey A. Lenowitz

Download or read book Constitutional Ratification Without Reason written by Jeffrey A. Lenowitz and published by Oxford University Press. This book was released on 2022-03-10 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.