Constitutional Law And National Pluralism

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Constitutional Law and National Pluralism

Stephen Tierney
Constitutional Law and National Pluralism Book PDF

Author : Stephen Tierney
Publisher : Oxford University Press on Demand
Page : 371 pages
File Size : 48,5 Mb
Release : 2006
Category : Law
ISBN : 0199298610

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Constitutional Law and National Pluralism by Stephen Tierney Pdf

Since the 1970s, sub-state national minorities in a number of developed liberal democracies have both reasserted their cultural distinctiveness and demanded recognition of it in legal and political terms. This book examines the role played by law in the negotiation of competing rights claims.

Constitutional Law and National Pluralism

Stephen Tierney
Constitutional Law and National Pluralism Book PDF

Author : Stephen Tierney
Publisher : Oxford : Oxford University Press
Page : 400 pages
File Size : 52,7 Mb
Release : 2004
Category : Law
ISBN : UOM:39015060367854

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Constitutional Law and National Pluralism by Stephen Tierney Pdf

This book addresses the constitutional issues, both in theory and in practice, that accompany the existence of national diversity in pluralist democracies. Tierney contends that the democratic plurinational state, characterized by the presence of more than one national group within the State,is a discrete category of multi-level polity which defies the standard classifications of liberal constitutionalism. Building upon this theoretical basis, this book then focusses upon recent developments toward the institutional accommodation of Catalonia, Quebec, and Scotland. Tierney examines thelegal issues which arise from the challenges posed by national minorites within multinational democracies, to the constitutional and institutional structures of particular States, and also to some of the fundamental precepts of democratic constitutional theory and practice.

Beyond Constitutionalism

Nico Krisch
Beyond Constitutionalism Book PDF

Author : Nico Krisch
Publisher : Oxford University Press, USA
Page : 383 pages
File Size : 47,6 Mb
Release : 2010-10-28
Category : Law
ISBN : 9780199228317

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Beyond Constitutionalism by Nico Krisch Pdf

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.

Debating Legal Pluralism and Constitutionalism

Guillaume Tusseau
Debating Legal Pluralism and Constitutionalism Book PDF

Author : Guillaume Tusseau
Publisher : Springer Nature
Page : 343 pages
File Size : 52,6 Mb
Release : 2020-02-24
Category : Law
ISBN : 9783030344320

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Debating Legal Pluralism and Constitutionalism by Guillaume Tusseau Pdf

The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.

Militant Democracy

András Sajó,Lorri Rutt Bentch
Militant Democracy Book PDF

Author : András Sajó,Lorri Rutt Bentch
Publisher : Eleven International Publishing
Page : 271 pages
File Size : 42,5 Mb
Release : 2004
Category : Civil rights
ISBN : 9789077596043

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Militant Democracy by András Sajó,Lorri Rutt Bentch Pdf

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Constitutional Pluralism in the European Union and Beyond

Matej Avbelj,Jan Komárek
Constitutional Pluralism in the European Union and Beyond Book PDF

Author : Matej Avbelj,Jan Komárek
Publisher : Unknown
Page : 424 pages
File Size : 41,5 Mb
Release : 2012
Category : Constitutional law
ISBN : 1472561120

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Constitutional Pluralism in the European Union and Beyond by Matej Avbelj,Jan Komárek Pdf

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.

Constitutional Pluralism in the EU

Klemen Jaklic
Constitutional Pluralism in the EU Book PDF

Author : Klemen Jaklic
Publisher : OUP Oxford
Page : 375 pages
File Size : 40,8 Mb
Release : 2014-01-09
Category : Law
ISBN : 9780191008955

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Constitutional Pluralism in the EU by Klemen Jaklic Pdf

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.

Research Handbook on Legal Pluralism and EU Law

Gareth Davies,Matej Avbelj
Research Handbook on Legal Pluralism and EU Law Book PDF

Author : Gareth Davies,Matej Avbelj
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 50,7 Mb
Release : 2018
Category : Electronic
ISBN : 9781786433091

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Research Handbook on Legal Pluralism and EU Law by Gareth Davies,Matej Avbelj Pdf

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.

New Constitutional Horizons

Cormac S. Mac Amhlaigh
New Constitutional Horizons Book PDF

Author : Cormac S. Mac Amhlaigh
Publisher : Oxford University Press
Page : 257 pages
File Size : 54,7 Mb
Release : 2022-03-21
Category : Law
ISBN : 9780192593467

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New Constitutional Horizons by Cormac S. Mac Amhlaigh Pdf

We live in a pluralist world of multi-level law and governance. More than ever before multiple legal systems and governing authorities at different levels - sub-state, state, supranational, international - are recognized as applying to, and claiming authority over, the affairs of the same sets of individuals and institutions. Yet our constitutional theories fail to adequately capture this pluralist state of affairs. This book examines some of the key conceptual and theoretical puzzles which the contemporary state of multilevel pluralism poses for our constitutional theories. It offers fresh perspectives on these questions by addressing the pluralism of norms and authorities from the viewpoint of legality and legitimacy respectively, proposing novel solutions for pluralizing constitutional theory in the light of contemporary multilevel governance. Our turbulent times are on a steady trajectory of ever-more pluralism of law and governance to tackle the defining social and political problems of our age including populism, pandemic, and climate change and this book provides an essential intervention in debates on how to pluralize constitutional theory to better understand and, perhaps more importantly, legitimize the tools to address these increasingly shared problems.

The Triangular Constitution

Tom Flynn
The Triangular Constitution Book PDF

Author : Tom Flynn
Publisher : Bloomsbury Publishing
Page : 282 pages
File Size : 47,5 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781509916184

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The Triangular Constitution by Tom Flynn Pdf

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 Legacy of Pluralism

Mariano Croce,Marco Goldoni
The Legacy of Pluralism Book PDF

Author : Mariano Croce,Marco Goldoni
Publisher : Stanford University Press
Page : 304 pages
File Size : 45,7 Mb
Release : 2020-08-25
Category : Law
ISBN : 9781503613126

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The Legacy of Pluralism by Mariano Croce,Marco Goldoni Pdf

How should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life. The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how they can help us cope with the current crisis of national constitutional systems.

The Euro Crisis and Constitutional Pluralism

Tomi Tuominen
The Euro Crisis and Constitutional Pluralism Book PDF

Author : Tomi Tuominen
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 41,6 Mb
Release : 2021-06-25
Category : Law
ISBN : 9781800371590

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The Euro Crisis and Constitutional Pluralism by Tomi Tuominen Pdf

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.

Pluralist Constitutions in Southeast Asia

Jaclyn L Neo,Ngoc Son Bui
Pluralist Constitutions in Southeast Asia Book PDF

Author : Jaclyn L Neo,Ngoc Son Bui
Publisher : Bloomsbury Publishing
Page : 444 pages
File Size : 52,9 Mb
Release : 2019-04-04
Category : Law
ISBN : 9781509920464

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Pluralist Constitutions in Southeast Asia by Jaclyn L Neo,Ngoc Son Bui Pdf

This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.

The Oxford Handbook of Global Legal Pluralism

Paul Schiff Berman
The Oxford Handbook of Global Legal Pluralism Book PDF

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 44,9 Mb
Release : 2020-09-24
Category : Law
ISBN : 9780197516744

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The Oxford Handbook of Global Legal Pluralism by Paul Schiff Berman Pdf

"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

The Identity of the Constitutional Subject

Michel Rosenfeld
The Identity of the Constitutional Subject Book PDF

Author : Michel Rosenfeld
Publisher : Routledge
Page : 344 pages
File Size : 52,5 Mb
Release : 2009-10-16
Category : Law
ISBN : 9781135253288

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The Identity of the Constitutional Subject by Michel Rosenfeld Pdf

The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.