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Author : J. H. H. Weiler,Marlene Wind
Publisher : Cambridge University Press
Page : 256 pages
File Size : 55,7 Mb
Release : 2003-09-04
Category : Law
ISBN : 0521796717
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
Author : Turkuler Isiksel
Publisher : Oxford University Press
Page : 305 pages
File Size : 40,7 Mb
Release : 2016
Category : Law
ISBN : 9780198759072
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.
Author : Christian Calliess,Gerhard van der Schyff
Publisher : Cambridge University Press
Page : 393 pages
File Size : 41,6 Mb
Release : 2019-10-24
Category : Law
ISBN : 9781108480437
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Author : Jiří Přibáň
Publisher : Routledge
Page : 284 pages
File Size : 43,6 Mb
Release : 2016-03-09
Category : Law
ISBN : 9781317052081
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
Author : Nico Krisch
Publisher : Oxford University Press, USA
Page : 383 pages
File Size : 47,5 Mb
Release : 2010-10-28
Category : Law
ISBN : 9780199228317
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.
Author : Nicholas Tsagourias
Publisher : Cambridge University Press
Page : 348 pages
File Size : 44,7 Mb
Release : 2007-07-19
Category : Law
ISBN : 9781139464680
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.
Author : Fruzsina Gárdos-Orosz,Zoltán Szente
Publisher : Routledge
Page : 309 pages
File Size : 50,6 Mb
Release : 2021-05-03
Category : Business & Economics
ISBN : 9781000386226
This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Author : Jan Wouters,L. F. M. Verhey,Philipp Kiiver
Publisher : Unknown
Page : 0 pages
File Size : 41,8 Mb
Release : 2009
Category : Constitutional law
ISBN : 9050958885
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.
Author : Matej Avbelj,Jan Komárek
Publisher : Bloomsbury Publishing
Page : 452 pages
File Size : 52,6 Mb
Release : 2012-02-29
Category : Law
ISBN : 9781847318916
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.
Author : Jiří Přibáň
Publisher : Routledge
Page : 346 pages
File Size : 49,9 Mb
Release : 2016-05-26
Category : Law
ISBN : 9781317057529
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.
Author : Gráinne de Búrca,J. H. H. Weiler
Publisher : Cambridge University Press
Page : 128 pages
File Size : 54,5 Mb
Release : 2011-10-13
Category : Political Science
ISBN : 9781139501927
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.
Author : Richard Bellamy
Publisher : Cambridge University Press
Page : 265 pages
File Size : 48,8 Mb
Release : 2019-01-31
Category : Political Science
ISBN : 9781107022287
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.
Author : Kaarlo Tuori
Publisher : Cambridge University Press
Page : 419 pages
File Size : 55,9 Mb
Release : 2015-07-16
Category : Law
ISBN : 9781107087095
This book provides a new understanding of the European constitution as a multidimensional process of constitutionalization, constantly interacting with Member State constitutions.
Author : Christopher J. Bickerton,Dermot Hodson,Uwe Puetter
Publisher : OUP Oxford
Page : 368 pages
File Size : 41,9 Mb
Release : 2015-07-16
Category : Political Science
ISBN : 9780191008641
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.
Author : Uladzislau Belavusau,Aleksandra Gliszczynska-Grabias
Publisher : Oxford University Press
Page : 367 pages
File Size : 54,6 Mb
Release : 2020-09-10
Category : Law
ISBN : 9780192633705
Constitutionalism under Stress reflects on comparative constitutionalism in Central and Eastern Europe through the lens of leading legal scholar Professor Wojciech Sadurski, whose writings have anticipated and scrutinized the current decline of liberal democracies and populist challenges to the rule of law in the region. Sadurski's work has chronicled the transition from concern for the most basic of human rights under authoritarian rule to the challenges of democratic governance. The compelling rights discourse of an earlier period gave way to claims of abuse of majoritarian prerogatives as the hopes of liberal democracy encountered the power of illiberalism. The theoretical responses offered for the preservation of liberal democracy, in light of the current turbulence regarding the rule of law in the region, produces a far reaching and effective reference tool on matters of constitutional capture and illiberal democracy.