The Worlds of European Constitutionalism
The Worlds of European Constitutionalism

Author: Gráinne de Búrca

Publisher: Cambridge University Press

Published: 2011-10-13

Total Pages: 355

ISBN-13: 1139501925

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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.

The Worlds of European Constitutionalism
The Worlds of European Constitutionalism

Author: Gráinne de Búrca

Publisher: Cambridge University Press

Published: 2011-10-13

Total Pages: 354

ISBN-13: 9780521177757

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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, both in the EU's internal and its external relations. The book culminates in an interactive 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.

European Constitutionalism Beyond the State
European Constitutionalism Beyond the State

Author: J. H. H. Weiler

Publisher: Cambridge University Press

Published: 2003-09-04

Total Pages: 256

ISBN-13: 9780521796712

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Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.

European and US Constitutionalism
European and US Constitutionalism

Author: Georg Nolte

Publisher: Cambridge University Press

Published: 2005-09-29

Total Pages: 336

ISBN-13: 9781139446907

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European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.

Constitutionalism and the Enlargement of Europe
Constitutionalism and the Enlargement of Europe

Author: Wojciech Sadurski

Publisher: Oxford University Press

Published: 2012-07-26

Total Pages: 263

ISBN-13: 0199696780

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Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.

Europe's Functional Constitution
Europe's Functional Constitution

Author: Turkuler Isiksel

Publisher: Oxford University Press

Published: 2016

Total Pages: 305

ISBN-13: 019875907X

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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.

Sovereignty in Post-Sovereign Society
Sovereignty in Post-Sovereign Society

Author: Jiří Přibáň

Publisher: Routledge

Published: 2016-03-09

Total Pages: 284

ISBN-13: 1317052080

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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.

Beyond Constitutionalism
Beyond Constitutionalism

Author: Nico Krisch

Publisher: Oxford University Press, USA

Published: 2010-10-28

Total Pages: 383

ISBN-13: 0199228310

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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.

European Constitutional Language
European Constitutional Language

Author: András Jakab

Publisher: Cambridge University Press

Published: 2016-04-15

Total Pages: 531

ISBN-13: 1107130786

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Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.