The Euro Crisis and Constitutional Pluralism

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1800371594
Total Pages : 272 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis The Euro Crisis and Constitutional Pluralism by : Tomi Tuominen

Download or read book The Euro Crisis and Constitutional Pluralism written by Tomi Tuominen and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book assesses the theory of constitutional pluralism in light of the events of the Eurozone crisis of the past decade. Based on an analysis of how national courts reviewed the crisis response mechanisms and participated in the European-level political process, Tomi Tuominen argues that constitutional pluralism is not a valid normative theory of European constitutionalism.

Constitutional Pluralism in the European Union and Beyond

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

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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.

The Future of Europe

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Publisher : Future Perfect: Images of the Time to Come in Philosophy, Politics and Cultural Studies
ISBN 13 : 9781783481132
Total Pages : 0 pages
Book Rating : 4.4/5 (811 download)

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Book Synopsis The Future of Europe by : Serge Champeau

Download or read book The Future of Europe written by Serge Champeau and published by Future Perfect: Images of the Time to Come in Philosophy, Politics and Cultural Studies. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major collection of essays by a multidisciplinary panel of experts exploring the various interpretations of the European crisis and the future of the European Union.

The European Union under Transnational Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509911510
Total Pages : 187 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The European Union under Transnational Law by : Matej Avbelj

Download or read book The European Union under Transnational Law written by Matej Avbelj and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: For almost a decade the European Union has been stuck in a permanent crisis. Starting with domestic constitutional crises, followed by an imported financial crisis, it has evolved into a fully formed political crisis. This book argues that none of the crises are exclusively internal to the EU and the responses to date, which have taken inward looking approaches, are simply inadequate. Resolution can only come when the EU engages more fully with transnational law. This highly topical book offers an innovative dual focus on both transnational and EU law together. It sets out the relationship between the two frameworks by exploring practical concrete problems that transnational law has posed to the EU. These problems are explored from the perspective of four key tenets of both systems, namely the rule of law, democracy, the protection of human rights, and justice. It does this by advancing the theoretical framework of principled legal pluralism. In so doing it offers clear normative guidance as to how the relationship between EU and transnational law should be developed and fostered.

Philosophical Foundations of European Union Law

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

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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.

Authoritarian Liberalism and the Transformation of Modern Europe

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

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

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

Constitutional Democracy in Crisis?

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Publisher : Oxford University Press
ISBN 13 : 0190888997
Total Pages : 737 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Constitutional Democracy in Crisis? by : Mark A. Graber

Download or read book Constitutional Democracy in Crisis? written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-08-23 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

The Law and Policy of Harmonisation in Europe's Internal Market

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781004145
Total Pages : 225 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis The Law and Policy of Harmonisation in Europe's Internal Market by : Isidora Maletić

Download or read book The Law and Policy of Harmonisation in Europe's Internal Market written by Isidora Maletić and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'At times when so much attention is devoted to the constitutional architecture of the European Union via Treaty amendments or supplements in the aftermath of the Euro-crisis, the core business of European market building through harmonization is all too often neglected. It deserves strong recognition that Isidora Maleti forcefully brings Art. 114 TFEU back to the agenda. Her competent study provides new insights into the major competence rule which still forms the back bone of European Integration. The constant strive of the EU for embarking on non-trade policies against the half-hearted resistance of the Member States deserves indeed a major study, spelling out the details of the rather complex article. Her comprehensive analysis detects the amazing potential of Art. 114 TFEU as a tool to co-ordinate differences in the understanding of what might be a "high level of protection" and it allows for new ways of co-operation between the EU and the Member States. This finding, which is backed through the analysis of the ECJ case law and the notification procedure of Art. 114 TFEU fits into the overall debate on constitutional pluralism which stays away from a hierarchical understanding of the relationship between the EU legal order and the Member States.' – Hans Micklitz, European University Institute, Italy 'This book is essential reading for anyone seeking an up-to-date and critical understanding of the success of the European Union's approach to market harmonisation.' – Veerle Heyvaert, London School of Economics, UK 'Despite all the buzz around the single currency, the heart of the EU edifice remains the internal market. Isidora Maleti 's book is an outstanding contribution of original scholarship that makes this edifice look more solid than ever. By exploring the theory and practice of the archetype legal basis for EU regulatory action, this book dispels the ubiquitous claim that national derogations from European standards are reflective of a weak integration process and convincingly argues that national regulatory differentiation may instead provide opportunities for reflexive learning and risk prevention. The law and policy of harmonisation is European internal market's scholarship at its best and ought to be essential reading to all scholars interested in the dynamics of EU integration.' – Alberto Alemanno, HEC Paris, France and Editor, European Journal of Risk Regulation This innovative book explores the constitutional compromise between the European Union's legislative competence and member states' regulatory autonomy, and analyses the reconciliation of economic integration and welfare protection within the European internal market. It does so through the original lens of article 114 TFEU, the law-making clause underlying the European harmonisation process. Focusing on a critical provision and the controversial derogation mechanism contained therein, the book discusses contemporary, universally fundamental topics, such as risk assessment and related responsibility allocation within the constraints of complex legal frameworks, the preservation of regional regulatory autonomy against the background of centralised legislative norms, and the interaction of economic integration with policy interests like consumer, environmental and health protection. Highlighting the collaborative rather than adversarial value of national deviations from common European measures, the study not only complements the literature available on 'negative integration' of the internal market, but also challenges traditionally accepted axioms, revealing opportunities for risk prevention and legitimacy enhancement stemming from diverse European and national regulatory standards. This detailed book will be of wide international appeal to academics, practitioners, students, judges, policy-makers and officials working within the European Union and government representatives of individual member states, as well as anyone more generally interested in the dynamics of EU integration.

Constitutional Pluralism in the EU

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0198703228
Total Pages : 374 pages
Book Rating : 4.1/5 (987 download)

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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, USA. 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. 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.

Media Freedom and Pluralism

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Publisher : Central European University Press
ISBN 13 : 615521185X
Total Pages : 364 pages
Book Rating : 4.1/5 (552 download)

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Book Synopsis Media Freedom and Pluralism by : Beata Klimkiewicz

Download or read book Media Freedom and Pluralism written by Beata Klimkiewicz and published by Central European University Press. This book was released on 2010-05-10 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses a critical analysis of major media policies in the European Union and Council of Europe at the period of profound changes affecting both media environments and use, as well as the logic of media policy-making and reconfiguration of traditional regulatory models. The analytical problem-related approach seems to better reflect a media policy process as an interrelated part of European integration, formation of European citizenship, and exercise of communication rights within the European communicative space. The question of normative expectations is to be compared in this case with media policy rationales, mechanisms of implementation (transposing rules from EU to national levels), and outcomes.

Research Handbook on Legal Pluralism and EU Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786433095
Total Pages : 437 pages
Book Rating : 4.7/5 (864 download)

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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 with total page 437 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.

International Economic Law in the 21st Century

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847319815
Total Pages : 471 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis International Economic Law in the 21st Century by : Ernst-Ulrich Petersmann

Download or read book International Economic Law in the 21st Century written by Ernst-Ulrich Petersmann and published by Bloomsbury Publishing. This book was released on 2012-07-24 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.

The Greek Crisis and European Modernity

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Author :
Publisher : Springer
ISBN 13 : 1137276258
Total Pages : 348 pages
Book Rating : 4.1/5 (372 download)

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Book Synopsis The Greek Crisis and European Modernity by : Anna Triandafyllidou

Download or read book The Greek Crisis and European Modernity written by Anna Triandafyllidou and published by Springer. This book was released on 2013-08-30 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection explores the current economic and political crisis in Greece and more widely in Europe. Greece is used to illustrate and exemplify the contradictions of the dominant paradigm of European modernity, the ruptures that are inherent to it, and the alternative modernity discourses that develop within Europe.

European Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1107087090
Total Pages : 419 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis European Constitutionalism by : Kaarlo Tuori

Download or read book European Constitutionalism written by Kaarlo Tuori and published by Cambridge University Press. This book was released on 2015-07-16 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a new understanding of the European constitution as a multidimensional process of constitutionalization, constantly interacting with Member State constitutions.

Principles of European Constitutional Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 184731550X
Total Pages : 856 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Principles of European Constitutional Law by : Armin von Bogdandy

Download or read book Principles of European Constitutional Law written by Armin von Bogdandy and published by Bloomsbury Publishing. This book was released on 2009-12-03 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven

Politics of Last Resort

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Publisher :
ISBN 13 : 0198791720
Total Pages : 240 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Politics of Last Resort by : Jonathan White

Download or read book Politics of Last Resort written by Jonathan White and published by . This book was released on 2020 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines how a certain way of governing, invoking exceptional measures for exceptional times, has become central to the workings of the European Union.

Anti-Pluralism

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Publisher : Yale University Press
ISBN 13 : 0300235313
Total Pages : 173 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Anti-Pluralism by : William A. Galston

Download or read book Anti-Pluralism written by William A. Galston and published by Yale University Press. This book was released on 2020-02-01 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Great Recession, institutional dysfunction, a growing divide between urban and rural prospects, and failed efforts to effectively address immigration have paved the way for a populist backlash that disrupts the postwar bargain between political elites and citizens. Whether today’s populism represents a corrective to unfair and obsolete policies or a threat to liberal democracy itself remains up for debate. Yet this much is clear: these challenges indict the triumphalism that accompanied liberal democratic consolidation after the collapse of the Soviet Union. To respond to today’s crisis, good leaders must strive for inclusive economic growth while addressing fraught social and cultural issues, including demographic anxiety, with frank attention. Although reforms may stem the populist tide, liberal democratic life will always leave some citizens unsatisfied. This is a permanent source of vulnerability, but liberal democracy will endure so long as citizens believe it is worth fighting for.