Constitutional Pluralism In The European Union And Beyond

Download Constitutional Pluralism In The European Union And Beyond full books in PDF, epub, and Kindle. Read online Constitutional Pluralism In The European Union And Beyond ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Constitutional Pluralism in the European Union and Beyond

Author : Matej Avbelj
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318916
Total Pages : 452 pages
Book Rating : 4.8/5 (473 download)

DOWNLOAD NOW!

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.

Research Handbook on Legal Pluralism and EU Law

Author : Gareth Davies
Publisher : Edward Elgar Publishing
ISBN 13 : 1786433095
Total Pages : 448 pages
Book Rating : 4.7/5 (864 download)

DOWNLOAD NOW!

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.

Constitutional Pluralism in the EU

Author : Klemen Jaklic
Publisher : OUP Oxford
ISBN 13 : 0191008958
Total Pages : 375 pages
Book Rating : 4.1/5 (91 download)

DOWNLOAD NOW!

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.

European Constitutionalism Beyond the State

Author : J. H. H. Weiler
Publisher : Cambridge University Press
ISBN 13 : 9780521796712
Total Pages : 256 pages
Book Rating : 4.7/5 (967 download)

DOWNLOAD NOW!

Book Synopsis European Constitutionalism Beyond the State by : J. H. H. Weiler

Download or read book European Constitutionalism Beyond the State written by J. H. H. Weiler and published by Cambridge University Press. This book was released on 2003-09-04 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.

Beyond Constitutionalism

Author : Nico Krisch
Publisher : Oxford University Press, USA
ISBN 13 : 0199228310
Total Pages : 383 pages
Book Rating : 4.1/5 (992 download)

DOWNLOAD NOW!

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.

Self-Constitution of European Society

Author : Jiří Přibáň
Publisher : Routledge
ISBN 13 : 1317057511
Total Pages : 353 pages
Book Rating : 4.3/5 (17 download)

DOWNLOAD NOW!

Book Synopsis Self-Constitution of European Society by : Jiří Přibáň

Download or read book Self-Constitution of European Society written by Jiří Přibáň and published by Routledge. This book was released on 2016-05-26 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Foundations of the EU as a Polity

Author : Massimo Fichera
Publisher : Edward Elgar Publishing
ISBN 13 : 1785363905
Total Pages : 224 pages
Book Rating : 4.7/5 (853 download)

DOWNLOAD NOW!

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.

Europe's Functional Constitution

Author : Turkuler Isiksel
Publisher : Oxford University Press
ISBN 13 : 019875907X
Total Pages : 305 pages
Book Rating : 4.1/5 (987 download)

DOWNLOAD NOW!

Book Synopsis Europe's Functional Constitution by : Turkuler Isiksel

Download or read book Europe's Functional Constitution written by Turkuler Isiksel and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a critical appraisal of the European Union and its legal system, this book evaluates the extent to which constitutionalism as an empirical idea and normative ideal can be adapted to institutions beyond the state.

Constitutional Acceleration within the European Union and Beyond

Author : Paul Blokker
Publisher : Routledge
ISBN 13 : 1315453630
Total Pages : 240 pages
Book Rating : 4.3/5 (154 download)

DOWNLOAD NOW!

Book Synopsis Constitutional Acceleration within the European Union and Beyond by : Paul Blokker

Download or read book Constitutional Acceleration within the European Union and Beyond written by Paul Blokker and published by Routledge. This book was released on 2017-10-12 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Citizenship in the European Union

Author : Anne Wesemann
Publisher : Edward Elgar Publishing
ISBN 13 : 1839103175
Total Pages : 192 pages
Book Rating : 4.8/5 (391 download)

DOWNLOAD NOW!

Book Synopsis Citizenship in the European Union by : Anne Wesemann

Download or read book Citizenship in the European Union written by Anne Wesemann and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The New Intergovernmentalism

Author : Christopher J. Bickerton
Publisher : OUP Oxford
ISBN 13 : 0191008648
Total Pages : 368 pages
Book Rating : 4.1/5 (91 download)

DOWNLOAD NOW!

Book Synopsis The New Intergovernmentalism by : Christopher J. Bickerton

Download or read book The New Intergovernmentalism written by Christopher J. Bickerton and published by OUP Oxford. This book was released on 2015-07-16 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twenty years since the signing of the Maastricht Treaty have been marked by an integration paradox: although the scope of European Union (EU) activity has increased at an unprecedented pace, this increase has largely taken place in the absence of significant new transfers of power to supranational institutions along traditional lines. Conventional theories of European integration struggle to explain this paradox because they equate integration with the empowerment of specific supranational institutions under the traditional Community method. New governance scholars, meanwhile, have not filled this intellectual void, preferring instead to focus on specific deviations from the Community method rather than theorizing about the evolving nature of the European project. The New Intergovernmentalism challenges established assumptions about how member states behave, what supranational institutions want, and where the dividing line between high and low politics is located, and develops a new theoretical framework known as the new intergovernmentalism. The fifteen chapters in this volume by leading political scientists, political economists, and legal scholars explore the scope and limits of the new intergovernmentalism as a theory of post-Maastricht integration and draw conclusions about the profound state of political disequilibrium in which the EU operates. This book is of relevance to EU specialists seeking new ways of thinking about European integration and policy-making, and general readers who wish to understand what has happened to the EU in the two troubled decades since 1992.

The Worlds of European Constitutionalism

Author : Gráinne de Búrca
Publisher : Cambridge University Press
ISBN 13 : 1139501925
Total Pages : pages
Book Rating : 4.1/5 (395 download)

DOWNLOAD NOW!

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.

The Impact of European Institutions on the Rule of Law and Democracy

Author : Matej Avbelj
Publisher : Bloomsbury Publishing
ISBN 13 : 1509915044
Total Pages : 320 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis The Impact of European Institutions on the Rule of Law and Democracy by : Matej Avbelj

Download or read book The Impact of European Institutions on the Rule of Law and Democracy written by Matej Avbelj and published by Bloomsbury Publishing. This book was released on 2020-04-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2010 the European Union has been plagued by crises of democracy and the rule of law, which have been spreading from Central and Eastern Europe (CEE), catching many by surprise. This book argues that the professed success of the 2004 big bang enlargement mirrored the Potemkin villages erected in the new Member States on their accession to Europe. Slovenia is a prime example. Since its independence and throughout the accession process, Slovenia has been portrayed as the poster child of the 'New Europe'. This book claims that the widely shared narrative of the Slovenian EU dream is a myth. In many ways, Slovenia has fared even worse than its contemporary, constitutionally-backsliding, CEE counterparts. The book's discussion of the depth and breadth of the democratic crises in Slovenia should contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE Member States, which threaten the viability of the EU and Council of Europe projects. It is only on the basis of this improved understanding that the crises can be appropriately addressed at national, transnational and supranational levels.

The Making of a European Constitution

Author : Michelle Everson
Publisher : Routledge
ISBN 13 : 1134070675
Total Pages : 257 pages
Book Rating : 4.1/5 (34 download)

DOWNLOAD NOW!

Book Synopsis The Making of a European Constitution by : Michelle Everson

Download or read book The Making of a European Constitution written by Michelle Everson and published by Routledge. This book was released on 2007-09-21 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Constitutional mo(u)rning -- Retelling the legal integration story -- Forgetting law -- Adjudicating non-authoritative law -- Constitutionalising the institutional balance of powers -- The principled judicial mechanics of constitutional morphogenesis -- Constitutionalism beyond constitutions.

Philosophical Foundations of European Union Law

Author : Julie Dickson
Publisher : OUP Oxford
ISBN 13 : 0191652164
Total Pages : 668 pages
Book Rating : 4.1/5 (916 download)

DOWNLOAD NOW!

Book Synopsis Philosophical Foundations of European Union Law by : Julie Dickson

Download or read book Philosophical Foundations of European Union Law written by Julie Dickson and published by OUP Oxford. This book was released on 2012-10-11 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

The Triangular Constitution

Author : Tom Flynn
Publisher : Bloomsbury Publishing
ISBN 13 : 1509916180
Total Pages : 282 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis The Triangular Constitution by : Tom Flynn

Download or read book The Triangular Constitution written by Tom Flynn and published by Bloomsbury Publishing. This book was released on 2019-05-16 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new account of modern European constitutionalism. It uses the Irish constitutional order to demonstrate that, right across the European Union, the national constitution can no longer be understood on its own, in isolation from the EU legal order or from the European Convention on Human Rights. The constitution is instead triangular, with these three legal orders forming the points of a triangle, and the relationship and interactions between them forming the triangle's sides. It takes as its starting point the theory of constitutional pluralism, which suggests that overlapping constitutional orders are not necessarily arranged 'on top of' each other, but that they may be arranged heterarchically or flatly, without a hierarchy of superior and subordinate constitutions. However, it departs from conventional accounts of this theory by emphasising that we must still pay close attention to jurisdictional specificity in order to understand the norms that regulate pluralist constitutions. It shows, through application of the theory to case studies, that any attempt to extract universal principles from the jurisdictionally contingent interactions between specific legal orders is fraught with difficulty. The book is an important contribution to constitutional theory in general, and constitutional pluralism in particular, and will be of great interest to scholars in the field.

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)

DOWNLOAD NOW!

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.