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The Constitution Of Supranationalism
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Book Synopsis Constituent Power and the Legitimacy of International Organizations by : John G. Oates
Download or read book Constituent Power and the Legitimacy of International Organizations written by John G. Oates and published by Routledge. This book was released on 2020-02-10 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a constitutional theory of international organization to explain the legitimation of supranational organizations. Supranational organizations play a key role in contemporary global governance, but recent events like Brexit and the threat by South Africa to withdraw from the International Criminal Court suggest that their legitimacy continues to generate contentious debates in many countries. Rethinking international organization as a constitutional problem, Oates argues that it is the representation of the constituent power of a constitutional order, that is, the collective subject in whose name authority is wielded, which explains the legitimation of supranational authority. Comparing the cases of the European Union, the World Trade Organization, and the International Criminal Court, Oates shows that the constitution of supranationalism is far from a functional response to the pressures of interdependence but a value-laden struggle to define the proper subject of global governance. The book will be of interest to students and scholars of international organization and those working in the broader fields of global governance and general International Relations theory. It should also be of interest to international legal scholars, particularly those focused on questions related to global constitutionalism.
Book Synopsis The Constitution of Supranationalism by : John Gabriel Oates
Download or read book The Constitution of Supranationalism written by John Gabriel Oates and published by . This book was released on 2013 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: Existing explanations of institutional design in IR theory argue that governments create supranational institutions in order to realize more efficiently the benefits of policy coordination; this approach, however, overlooks a series of "higher order" constitutional design questions that fundamentally shape the conditions under which supranational principles of governance are adopted as a solution to problems of interdependence. In this dissertation, I develop a conceptual framework that illuminates the constitutional dimensions of international institutions and provide a theory that seeks to explain the conditions under which governments choose supranational principles of governance to manage their relations. My central argument is that the ways that sovereignty and interdependence are socially constructed during the establishment of new governance institutions shape the perceived value of different constitutional structures and create, as a result, the conditions of possibility for different institutional forms. This argument is illustrated through in-depth case studies of two distinct efforts to construct supranational institutional orders: the uneven record of supranationalism in the early post-war period in Europe and the failed American effort to create a supranational institution to govern international trade after World War II. The findings of this study suggest that the creation of new institutions is far more than a functional response to pre-existing structural conditions but a dynamic and somewhat contingent process of assigning value to expressions of collective power.
Book Synopsis Supranationalism, the Rule of Law and Constitutionalism in the Draft Union Constitution by : Patrick Birkinshaw
Download or read book Supranationalism, the Rule of Law and Constitutionalism in the Draft Union Constitution written by Patrick Birkinshaw and published by . This book was released on 2003 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federalism, and Supranational Organizations by : Peter Hay
Download or read book Federalism, and Supranational Organizations written by Peter Hay and published by Urbana : University of Illinois Press. This book was released on 1966 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Case studies of the ECSC, the EURATOM and the EC to illustrate theoretical and practical problems in connection with the legal aspects of the relationship of such governmental international organizations to their member nations - covers the legal status and structure of such organisations, aspects of international law and jurisprudence, economic integration, etc., and includes comments on relevant constitutional law. Bibliography pp. 309 to 330.
Book Synopsis Europe's Future by : Sergio Fabbrini
Download or read book Europe's Future written by Sergio Fabbrini and published by Cambridge University Press. This book was released on 2019-03-14 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sergio Fabbrini proposes a way out of the EU's crises, which have triggered an unprecedented cleavage between 'sovereignist' and 'Europeanist' forces. The intergovernmental governance of the multiple crises of the past decade has led to a division on the very rationale of Europe's integration project. Sovereignism (the expression of nationalistic and populist forces) has demanded more decision-making autonomy for the EU member states, although Europeanism has struggled to make an effective case against this challenge. Fabbrini proposes a new perspective to release the EU from this predicament, involving the decoupling and reforming of the EU: on the one hand, the economic community of the single market (consisting of the current member states of the EU and of others interested in joining or re-joining it); and on the other, the political union (largely based on the eurozone reformed according to an original model of the federal union).
Book Synopsis The Legitimacy of International Organizations by : Jean-Marc Coicaud
Download or read book The Legitimacy of International Organizations written by Jean-Marc Coicaud and published by . This book was released on 2001 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of the Cold War is only one in a series of events that have radically modified the operational environment of international organizations since their establishment. These changes, many of which have lately been discussed under the term "globalization," include: decolonization; growing awareness of the global nature of many economic, environmental, and public health problems; multiplication of non-governmental organizations; globalization of mass media and the market; rapid developments in the field of biotechnology; and the emergence of new information technologies, particularly the Internet. These developments suggest that the time has come to take a fresh look at the philosophy of international organization. The Legitimacy of International Organizations presents the results of an interdisciplinary research project of the Peace and Governance Programme of the United Nations University. The authors are prominent experts in the fields of social and political philosophy, law, political science, economics, and environmental studies.
Book Synopsis EU Enlargement and the Constitutions of Central and Eastern Europe by : Anneli Albi
Download or read book EU Enlargement and the Constitutions of Central and Eastern Europe written by Anneli Albi and published by Cambridge University Press. This book was released on 2005-06-30 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the adaptation of the constitutions of Central & Eastern Europe (CEE) for membership in the European Union.
Book Synopsis The Formative Debates and Arguments Sustaining Germany's Constitutional Supranationalism by : Bryan Ruppert
Download or read book The Formative Debates and Arguments Sustaining Germany's Constitutional Supranationalism written by Bryan Ruppert and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Germany holds a special place among those driving forward the idea of a United States of Europe. Its constitution not only enables the nation state to transfer sovereignty to supranational institutions, it directs the state to incorporate international law into domestic law and to pursue a course of European integration. This comparatively unique feature of Germany's Basic Law results from the country's experience with National Socialism, which led to a fundamental reappraisal of a deeply-rooted faith in the state as the ultimate vehicle for human political, economic, and social organization.
Book Synopsis Limitations of National Sovereignty through European Integration by : Rainer Arnold
Download or read book Limitations of National Sovereignty through European Integration written by Rainer Arnold and published by Springer. This book was released on 2016-02-25 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is “constitutional identity”, a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State’s power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).
Book Synopsis Global Governance and the Emergence of Global Institutions for the 21st Century by : Augusto Lopez-Claros
Download or read book Global Governance and the Emergence of Global Institutions for the 21st Century written by Augusto Lopez-Claros and published by Cambridge University Press. This book was released on 2020-01-23 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
Book Synopsis The Supranational Corporation by : Laura Westra
Download or read book The Supranational Corporation written by Laura Westra and published by BRILL. This book was released on 2013-05-16 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth of corporate power has kept pace with and even exceeded the rapid rise of globalization in the past two decades. With it has come the weakening of a nation’s ability to hold corporate power in check, and the increasing inability of states to protect the rights of individuals within their national boundaries as a result of the growing number of international legal instruments. This work lays bare corporate actions both domestic and international, under the guise of legal "personhood," and shows how corporations flaunt laws and act as controlling powers beyond the constraints imposed on legal state citizens. Corporations are now “embedded” within domestic legal regimes and insinuate themselves to subvert the very systems designed to restrain corporate power and protect the public weal. Using international vehicles like the WTO and NAFTA, corporate collective power effectively supersedes the constitutional mandate of nation states.
Book Synopsis European Integration and Supranational Governance by : Wayne Sandholtz
Download or read book European Integration and Supranational Governance written by Wayne Sandholtz and published by OUP Oxford. This book was released on 1998-09-24 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union began in 1957 as a treaty among six nations but today constitutes a supranational polity - one that creates rules that are binding on its 15 member countries and their citizens. This majesterial study confronts some of the most enduring questions posed by the remarkable evolution of the EU: Why does policy-making sometimes migrate from the member states to the European Union? And why has integration proceeded more rapidly in some policy domains than in others? A distinguished team of scholars lead by Wayne Sandholtz and Alec Stone Sweet offers a fresh theory and clear propositions on the development of the EU. Combining broad data and probing case studies, the volume finds solid support for these propositions in a variety of policy domains. The coherent theoretical approach and extensive empirical analyses together constitute a significant challenge to approaches that see the EU as a straightforward product of member-state interests, power, and bargaining. This volume clearly demonstrates that a nascent transnational society and supranational institutions have played decisive roles in constructing the European Union.
Book Synopsis The Oxford Handbook of the European Union by : Erik Jones
Download or read book The Oxford Handbook of the European Union written by Erik Jones and published by Oxford University Press. This book was released on 2012-08-30 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the European Union brings together numerous acknowledged specialists in their field to provide a comprehensive and clear assessment of the nature, evolution, workings, and impact of European integration.
Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov
Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Statehood and Self-Determination by : Duncan French
Download or read book Statehood and Self-Determination written by Duncan French and published by Cambridge University Press. This book was released on 2013-02-21 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.
Book Synopsis Supranational Citizenship by : Lynn Dobson
Download or read book Supranational Citizenship written by Lynn Dobson and published by . This book was released on 2012 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can we conceptualise a kind of citizenship that need not be of a nation-state, but might be of a variety of political frameworks? Bringing together political theory with debates about European integration, international relations and the changing nature of citizenship, this book offers a coherent and innovative theorisation of a citizenship independent of any specific form of political organisation and relates that conception of citizenship to topical issues of the European Union: democracy and legitimate authority; non-national political community; and the nature of the supranational constitution.
Book Synopsis Transconstitutionalism by : Marcelo Neves
Download or read book Transconstitutionalism written by Marcelo Neves and published by Bloomsbury Publishing. This book was released on 2013-05-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.
