European Constitutionalism Beyond The State
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European Constitutionalism Beyond the State
Author | : J. H. H. Weiler,Marlene Wind |
Publsiher | : Cambridge University Press |
Total Pages | : 256 |
Release | : 2003-09-04 |
Genre | : Law |
ISBN | : 0521796717 |
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Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
Europe s Functional Constitution
Author | : Turkuler Isiksel |
Publsiher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2016 |
Genre | : Law |
ISBN | : 9780198759072 |
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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.
Transnational Constitutionalism
Author | : Nicholas Tsagourias |
Publsiher | : Cambridge University Press |
Total Pages | : 348 |
Release | : 2007-07-19 |
Genre | : Law |
ISBN | : 9781139464680 |
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An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.
European Constitutionalism Beyond Lisbon
Author | : Jan Wouters,L. F. M. Verhey,Philipp Kiiver |
Publsiher | : Unknown |
Total Pages | : 0 |
Release | : 2009 |
Genre | : Constitutional law |
ISBN | : 9050958885 |
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As Europe's leaders seek to finally secure the ratification of the Treaty of Lisbon after the Irish "no" vote, it is time to take a step back and review, in a broader perspective, the past decade of attempts at European constitutional reform. This book discusses the changes that had been envisaged under the EU's Constitutional Treaty and the Treaty of Lisbon. It also shows, in a number of areas of European integration, the continuity of Europe's constitutional development before and beyond Lisbon. The subjects covered include treaty-making and understanding the outcome of referendums; the process of de-pillarization and the development of the EU's human rights agenda; citizenship, migration, and foreign policy; the EU's "social market economy;" the role of national parliaments and the search for more executive accountability and democratic legitimacy in the EU; and the issue of democracy and transparency. Views on the future of European constitutionalism conclude the discussion.
Self Constitution of European Society
Author | : Jiří Přibáň |
Publsiher | : Routledge |
Total Pages | : 346 |
Release | : 2016-05-26 |
Genre | : Law |
ISBN | : 9781317057529 |
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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.
Constitutional Identity in a Europe of Multilevel Constitutionalism
Author | : Christian Calliess,Gerhard van der Schyff |
Publsiher | : Cambridge University Press |
Total Pages | : 393 |
Release | : 2019-10-24 |
Genre | : Law |
ISBN | : 9781108480437 |
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Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
The Worlds of European Constitutionalism
Author | : Gráinne de Búrca,J. H. H. Weiler |
Publsiher | : Cambridge University Press |
Total Pages | : 135 |
Release | : 2011-10-13 |
Genre | : Political Science |
ISBN | : 9781139501927 |
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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.
Constitutional Pluralism in the European Union and Beyond
Author | : Matej Avbelj,Jan Komárek |
Publsiher | : Bloomsbury Publishing |
Total Pages | : 452 |
Release | : 2012-02-29 |
Genre | : Law |
ISBN | : 9781847318916 |
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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.