Rethinking Europes Constitution

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Rethinking Europe's Future

Author : David P. Calleo
Publisher : Princeton University Press
ISBN 13 : 069111367X
Total Pages : 411 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Rethinking Europe's Future by : David P. Calleo

Download or read book Rethinking Europe's Future written by David P. Calleo and published by Princeton University Press. This book was released on 2003-03-02 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Europe's Future is a major reevaluation of Europe's prospects as it enters the twenty-first century. David Calleo has written a book worthy of the complexity and grandeur of the challenges Europe now faces. Summoning the insights of history, political economy, and philosophy, he explains why Europe was for a long time the world's greatest problem and how the Cold War's bipolar partition brought stability of a sort. Without the Cold War, Europe risks revisiting its more traditional history. With so many contingent factors--in particular Russia and Europe's Muslim neighbors--no one, Calleo believes, can pretend to predict the future with assurance. Calleo's book ponders how to think about this future. The book begins by considering the rival ''lessons'' and trends that emerge from Europe's deeper past. It goes on to discuss the theories for managing the traditional state system, the transition from autocratic states to communitarian nation states, the enduring strength of nation states, and their uneasy relationship with capitalism. Calleo next focuses on the Cold War's dynamic legacies for Europe--an Atlantic Alliance, a European Union, and a global economy. These three systems now compete to define the future. The book's third and major section examines how Europe has tried to meet the present challenges of Russian weakness and German reunification. Succeeding chapters focus on Maastricht and the Euro, on the impact of globalization on Europeanization, and on the EU's unfinished business--expanding into ''Pan Europe,'' adapting a hybrid constitution, and creating a new security system. Calleo presents three models of a new Europe--each proposing a different relationship with the U.S. and Russia. A final chapter probes how a strong European Union might affect the world and the prospects for American hegemony. This is a beautifully written book that offers rich insight into a critical moment in our history, whose outcome will shape the world long after our time.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Brexit and Beyond

Author : Benjamin Martill
Publisher : UCL Press
ISBN 13 : 1787352773
Total Pages : 314 pages
Book Rating : 4.7/5 (873 download)

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Book Synopsis Brexit and Beyond by : Benjamin Martill

Download or read book Brexit and Beyond written by Benjamin Martill and published by UCL Press. This book was released on 2018-01-29 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brexit will have significant consequences for the country, for Europe, and for global order. And yet much discussion of Brexit in the UK has focused on the causes of the vote and on its consequences for the future of British politics. This volume examines the consequences of Brexit for the future of Europe and the European Union, adopting an explicitly regional and future-oriented perspective missing from many existing analyses. Drawing on the expertise of 28 leading scholars from a range of disciplines, Brexit and Beyond offers various different perspectives on the future of Europe, charting the likely effects of Brexit across a range of areas, including institutional relations, political economy, law and justice, foreign affairs, democratic governance, and the idea of Europe itself. Whilst the contributors offer divergent predictions for the future of Europe after Brexit, they share the same conviction that careful scholarly analysis is in need – now more than ever – if we are to understand what lies ahead for the EU. Praise for Brexit and Beyond 'a wide-ranging and thought-provoking tour through the vagaries of British exit, with the question of Europe’s fate never far from sight...Brexit is a wake-up call for the EU. How it responds is an open question—but respond it must. To better understand its options going forward you should turn to this book, which has also been made free online.' Prospect Magazine 'This book explores wonderfully well the bombshell of Brexit: is it a uniquely British phenomenon or part of a wider, existential crisis for the EU? As the tensions and complexities of the Brexit negotiations come to the fore, the collection of essays by leading scholars will prove a very valuable reference for their depth of analysis, their lucidity, and their outlining of future options.' - Kevin Featherstone, Head of the LSE European Institute, London School of Economics 'Brexit and Beyond is a must read. It moves the ongoing debate about what Brexit actually means to a whole new level. While many scholars to date have examined the reasons for the British decision to leave, the crucial question of what Brexit will mean for the future of the European project is often overlooked. No longer. Brexit and Beyond bundles the perspectives of leading scholars of European integration. By doing so, it provides a much needed scholarly guidepost for our understanding of the significance of Brexit, not only for the United Kingdom, but also for the future of the European continent.' - Catherine E. De Vries, Professor in the department of Government, University of Essex and Professor in the department of Political Science and Public Administration Free University Amsterdam 'Brexit and Beyond provides a fascinating (and comprehensive) analysis on the how and why the UK has found itself on the path to exiting the European Union. The talented cast of academic contributors is drawn from a wide variety of disciplines and areas of expertise and this provides a breadth and depth to the analysis of Brexit that is unrivalled. The volume also provides large amounts of expert-informed speculation on the future of both the EU and UK and which is both stimulating and anxiety-inducing.' -Professor Richard Whitman, Head of School, Professor of Politics and International Relations, Director of the Global Europe Centre, University of Kent

The Constitution of European Democracy

Author : Dieter Grimm
Publisher : Oxford University Press
ISBN 13 : 0198805128
Total Pages : 273 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Constitution of European Democracy by : Dieter Grimm

Download or read book The Constitution of European Democracy written by Dieter Grimm and published by Oxford University Press. This book was released on 2017 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights Europe's democracy problem. The common argument throughout is that the European Union has become over-constitutionalized, and Grimm makes recommendations for solving this. Grimm also outlines the EU's legitimacy deficit and the proposed remedy of 'parliamentarization'.

Reconsidering Constitutional Formation II Decisive Constitutional Normativity

Author : Ulrike Müßig
Publisher :
ISBN 13 : 9781013269943
Total Pages : 424 pages
Book Rating : 4.2/5 (699 download)

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Book Synopsis Reconsidering Constitutional Formation II Decisive Constitutional Normativity by : Ulrike Müßig

Download or read book Reconsidering Constitutional Formation II Decisive Constitutional Normativity written by Ulrike Müßig and published by . This book was released on 2020-10-08 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu) This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

Rethinking Europe's Constitution

Author : A. A. M. Kinneging
Publisher :
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Rethinking Europe's Constitution by : A. A. M. Kinneging

Download or read book Rethinking Europe's Constitution written by A. A. M. Kinneging and published by . This book was released on 2007 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Union Law for the Twenty-First Century: Volume 2

Author : Τάκης Τριδίμας
Publisher : Hart Publishing
ISBN 13 : 1841134600
Total Pages : 448 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis European Union Law for the Twenty-First Century: Volume 2 by : Τάκης Τριδίμας

Download or read book European Union Law for the Twenty-First Century: Volume 2 written by Τάκης Τριδίμας and published by Hart Publishing. This book was released on 2004-10 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the state of EU law fifty years after the Communities were established, contributing to the debate on the European Constitution.

Democracy in the European Union

Author : Erik Oddvar Eriksen
Publisher : Routledge
ISBN 13 : 113458993X
Total Pages : 328 pages
Book Rating : 4.1/5 (345 download)

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Book Synopsis Democracy in the European Union by : Erik Oddvar Eriksen

Download or read book Democracy in the European Union written by Erik Oddvar Eriksen and published by Routledge. This book was released on 2002-09-11 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is widely held to suffer from a democratic deficit, and this raises a wider question: can democracy at all be applied to decision-making bodies beyond the nation state? Today, the EU is a highly complex entity undergoing profound changes. This book asks how the type of cooperation that the EU is based on can be explained; what are the integrative forces in the EU and how can integration at a supra-national level come about? The key thinkers represented in this volume stress that in order to understand integration beyond the nation state, we need new explanatory categories associated with deliberation because a supranational entity as the EU posesses far weaker and less well-developed means of coercion - bargaining resources - than do states. The most appropriate term to denote this is the notion of 'deliberative supranationalism'. This pioneering work, headed by major writers such as Habermas, Schlesinger and Bellamy, brings a new perspective to this key issue in contemporary politics and political theory.

Globalization and Sovereignty

Author : Jean L. Cohen
Publisher : Cambridge University Press
ISBN 13 : 1139560263
Total Pages : 455 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Globalization and Sovereignty by : Jean L. Cohen

Download or read book Globalization and Sovereignty written by Jean L. Cohen and published by Cambridge University Press. This book was released on 2012-08-02 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

The Brussels Effect

Author : Anu Bradford
Publisher : Oxford University Press
ISBN 13 : 0190088605
Total Pages : 368 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis The Brussels Effect by : Anu Bradford

Download or read book The Brussels Effect written by Anu Bradford and published by Oxford University Press. This book was released on 2020-01-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

A Republican Europe of States

Author : Richard Bellamy
Publisher : Cambridge University Press
ISBN 13 : 1107022282
Total Pages : 265 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis A Republican Europe of States by : Richard Bellamy

Download or read book A Republican Europe of States written by Richard Bellamy and published by Cambridge University Press. This book was released on 2019-01-31 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the democratic legitimacy of international organisations from a republican perspective, diagnoses the EU as suffering from a democratic disconnect and offers 'demoicracy' as the cure.

The Passivity of Law

Author : Luigi Corrias
Publisher : Springer Science & Business Media
ISBN 13 : 9400710348
Total Pages : 181 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis The Passivity of Law by : Luigi Corrias

Download or read book The Passivity of Law written by Luigi Corrias and published by Springer Science & Business Media. This book was released on 2011-04-14 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as “chiastic theory,” which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.

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)

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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: Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of "functional constitutionalism" to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.

Rethinking the Rule of Law after Communism

Author : Adam Czarnota
Publisher : Central European University Press
ISBN 13 : 6155053626
Total Pages : 392 pages
Book Rating : 4.1/5 (55 download)

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Book Synopsis Rethinking the Rule of Law after Communism by : Adam Czarnota

Download or read book Rethinking the Rule of Law after Communism written by Adam Czarnota and published by Central European University Press. This book was released on 2005-09-10 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.

Europe's Second Constitution

Author : Markus W. Gehring
Publisher : Cambridge University Press
ISBN 13 : 1108487963
Total Pages : 439 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Europe's Second Constitution by : Markus W. Gehring

Download or read book Europe's Second Constitution written by Markus W. Gehring and published by Cambridge University Press. This book was released on 2020-09-24 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.

Critical Reflections on Constitutional Democracy in the European Union

Author : Sacha Garben
Publisher : Bloomsbury Publishing
ISBN 13 : 1509933263
Total Pages : 596 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Critical Reflections on Constitutional Democracy in the European Union by : Sacha Garben

Download or read book Critical Reflections on Constitutional Democracy in the European Union written by Sacha Garben and published by Bloomsbury Publishing. This book was released on 2019-11-14 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the array of existing scholarship and debate by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal.

Relocating the Rule of Law

Author : Gianluigi Palombella
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314724
Total Pages : 244 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Relocating the Rule of Law by : Gianluigi Palombella

Download or read book Relocating the Rule of Law written by Gianluigi Palombella and published by Bloomsbury Publishing. This book was released on 2008-12-18 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.