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Radical Constitutional Pluralism In Europe
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Book Synopsis Radical Constitutional Pluralism in Europe by : Orlando Scarcello
Download or read book Radical Constitutional Pluralism in Europe written by Orlando Scarcello and published by Taylor & Francis. This book was released on 2022-12-23 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the challenge of constitutional pluralism and its importance, showing its theoretical and practical relevance, and giving a sense of why the existing scholarship on the matter is unsatisfactory. The work explores how legal practitioners and theorists have faced the challenge of a society living under two constitutions at the same time. This comes as the European Union, which legally and politically integrates Europe and seems to challenge the view that no State can simultaneously abide by both the venerable national constitutions and the ever-developing EU constitutional law, is increasingly torn between calls for closer integration to face collective challenges and mounting Euroscepticism and nationalism. This work employs a strongly pluralist perspective and a comparative methodology, and looks at constitutional crises outside the EU to ground the claim that pluralism and conflicts are essential elements of modern constitutions. It shows how the challenge of constitutional pluralism depends on a mistaken interpretation of positivist theory and how the latter, reinterpreted in a manner close to legal realism, has the resources to explain pluralism. Finally, the book addresses the issue of constitutional conflicts within the EU: it examines in detail recent cases of open disobedience to EU law by national courts and distinguishes physiological conflict from constitutional pathology. This work will be of particular interest to students and academics in Law and Political Science. It will also be compelling reading for scholars in general jurisprudence, EU law, constitutional and comparative constitutional law, and the history of European integration.
Book Synopsis Constitutional Pluralism in the European Union and Beyond by : Matej Avbelj
Download or read book Constitutional Pluralism in the European Union and Beyond written by Matej Avbelj and published by Bloomsbury Publishing. This book was released on 2012-02-29 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutional Pluralism in the EU by : Klemen Jaklic
Download or read book Constitutional Pluralism in the EU written by Klemen Jaklic and published by OUP Oxford. This book was released on 2014-01-09 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where does the law and political power of any given territory come from? Until recently it was believed that it came from a single and hierarchical source of constitutional authority, a sovereign people and their constitution. However, how can this model account for the new Europe? Where state constitutions and the European Constitution, which are ultimately equally self-standing sources of constitutional authority, overlap heterarchically over a shared piece of territory. Constitutional pluralism is a new branch within constitutional thought that argues sovereignty is no longer the accurate and normatively superior constitutional foundation. It instead replaces this thought with its own foundation. It emerged on the basis of contributions by the leading EU constitutionalists and has now become the most dominant branch of European constitutional thought. Its claims have also overstepped the European context, suggesting that it offers historic advantages for further development of the idea of constitutionalism and world order as such. 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 thus refined has the potential to rightfully be considered the superior new approach within constitutional thought.
Book Synopsis Research Handbook on Legal Pluralism and EU Law by : Gareth Davies
Download or read book Research Handbook on Legal Pluralism and EU Law written by Gareth Davies and published by Edward Elgar Publishing. This book was released on 2018 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Worlds of European Constitutionalism by : Gráinne de Búrca
Download or read book The Worlds of European Constitutionalism written by Gráinne de Búrca and published by Cambridge University Press. This book was released on 2011-10-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Tangled Complexity of the EU Constitutional Process by : Giuseppe Martinico
Download or read book The Tangled Complexity of the EU Constitutional Process written by Giuseppe Martinico and published by Taylor & Francis. This book was released on 2022-08-05 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a fresh view on the EU constitutionalisation process, the new edition of The Tangled Complexity of the EU Constitutional Process presents three main points: the idea of constitutional complexity, the tension between constitutional evolutionism and constitutional constructivism in the process of European integration, and the functional nature of conflicts in the evolution of the EU. Because of its prodigiousness, European law produces consternation among constitutionalists accustomed to traditional patterns of power. This book argues that while constitutional conflicts have frequently been depicted as elements of disturbance along the path towards legal coherence, they are physiological and might even be functional to the development of the European legal order, which should not be understood in a deterministic manner. The new edition will be of particular interest to academics and students in the disciplines of law, international relations, and political science.
Book Synopsis The Foundations of the EU as a Polity by : Massimo Fichera
Download or read book The Foundations of the EU as a Polity written by Massimo Fichera and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutional Pluralism in the EU by : Klemen Jaklic
Download or read book Constitutional Pluralism in the EU written by Klemen Jaklic and published by Oxford University Press. This book was released on 2014 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis EU Values Before the Court of Justice by : Luke Dimitrios Spieker
Download or read book EU Values Before the Court of Justice written by Luke Dimitrios Spieker and published by Oxford University Press. This book was released on 2023-06-18 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.
Book Synopsis Constitutional Pluralism in the European Union and Beyond by : Matej Avbelj
Download or read book Constitutional Pluralism in the European Union and Beyond written by Matej Avbelj and published by Bloomsbury Publishing. This book was released on 2012-02-29 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Beyond Constitutionalism by : Nico Krisch
Download or read book Beyond Constitutionalism written by Nico Krisch and published by Oxford University Press, USA. This book was released on 2010-10-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The European Constitution and the Eurozone Crisis by : Tomi Tuominen
Download or read book The European Constitution and the Eurozone Crisis written by Tomi Tuominen and published by . This book was released on 2017 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Idea of Constitutional Pluralism by : Neil Walker
Download or read book The Idea of Constitutional Pluralism written by Neil Walker and published by . This book was released on 2002 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Research Handbook on EU Law and Human Rights by : Sionaidh Douglas-Scott
Download or read book Research Handbook on EU Law and Human Rights written by Sionaidh Douglas-Scott and published by Edward Elgar Publishing. This book was released on 2017-07-21 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.
Author :Agustín José Menéndez Publisher :Springer Science & Business Media ISBN 13 :904818942X Total Pages :298 pages Book Rating :4.0/5 (481 download)
Book Synopsis Law and Democracy in Neil MacCormick's Legal and Political Theory by : Agustín José Menéndez
Download or read book Law and Democracy in Neil MacCormick's Legal and Political Theory written by Agustín José Menéndez and published by Springer Science & Business Media. This book was released on 2011-03-29 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.
Book Synopsis Sovereignty in Conflict by : Julia Rone
Download or read book Sovereignty in Conflict written by Julia Rone and published by Springer Nature. This book was released on 2023-06-06 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume brings together leading international researchers in an attempt to disentangle and understand the multiple conflicts of sovereignty within the European polity in the aftermath of the 2008 economic crisis. While most research on sovereignty focuses on its international dimensions, what makes this volume distinctive is the focus on the mobilization of sovereignty discourses in national politics. Contrary to tired paradigms studying clashes between national and supranational sovereignty, the various chapters of the volume offer a provocation for the readers – what if these old vertical conflicts of sovereignty are increasingly complemented by horizontal conflicts between executives and parliaments at both the national and international level?
Book Synopsis The Jurisprudence of Constitutional Conflict in the European Union by : Ana Bobić
Download or read book The Jurisprudence of Constitutional Conflict in the European Union written by Ana Bobić and published by Oxford University Press. This book was released on 2022 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and comprehensive account of the jurisprudence of constitutional conflict between the Court of Justice and national courts with the power of constitutional review. This monograph addresses the incidences of, and reasons for, constitutional clashes in the application and enforcement of EU law. It aims to determine how the principle of primacy of EU law works in reality and whether the jurisprudence of the courts under analysis supports this concept. To this end, the book explores the three areas of constitutional conflict: ultra vires review, identity review, and fundamental rights review. The book substantiates the descriptive and strengthens the normative contributions of the theory of constitutional pluralism in relation to the web of relations in the European judicial space. By examining the influence that the jurisprudence of constitutional conflict has on the balance of powers between the Court of Justice and constitutional courts, the volume develops the judicial triangle as an analytical tool that depicts the consequences for the horizontal (constitutional courts vis-à-vis the Court of Justice) and vertical judicial relationships (Court of Justice vis-à-vis ordinary national courts; constitutional courts vis-à-vis ordinary national courts). By offering a thorough compilation of the jurisprudence of constitutional conflict in the EU, The Jurisprudence of Constitutional Conflict in the European Union improves our understanding of the principle of primacy of EU law and its limits, as well as reinforces the theory of constitutional pluralism in explaining and guiding judicial power relations and interactions in the EU.
