Radical Constitutional Pluralism in Europe PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Radical Constitutional Pluralism in Europe PDF full book. Access full book title Radical Constitutional Pluralism in Europe by Orlando Scarcello. Download full books in PDF and EPUB format.
Author: Orlando Scarcello
Publisher: Routledge
ISBN: 9781032271477
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
This book explains the challenge and importance of constitutional pluralism, showing its theoretical and practical relevance, and considering how the existing scholarship is unsatisfactory. It explores how legal practitioners and theorists have faced the challenge of a society living under two constitutions at the same time.
Author: Orlando Scarcello
Publisher: Routledge
ISBN: 9781032271477
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
This book explains the challenge and importance of constitutional pluralism, showing its theoretical and practical relevance, and considering how the existing scholarship is unsatisfactory. It explores how legal practitioners and theorists have faced the challenge of a society living under two constitutions at the same time.
Author: Matej Avbelj
Publisher: Bloomsbury Publishing
ISBN: 1847318924
Category : Law
Languages : en
Pages : 316
Get Book Here
Book Description
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: Giuseppe Martinico
Publisher: Taylor & Francis
ISBN: 1000630692
Category : Law
Languages : en
Pages : 175
Get Book Here
Book Description
Offering a fresh view on the EU constitutionalisation process, the new edition of The Tangled Complexity of the EU Constitutional Process presents three main points: the idea of constitutional complexity, the tension between constitutional evolutionism and constitutional constructivism in the process of European integration, and the functional nature of conflicts in the evolution of the EU. Because of its prodigiousness, European law produces consternation among constitutionalists accustomed to traditional patterns of power. This book argues that while constitutional conflicts have frequently been depicted as elements of disturbance along the path towards legal coherence, they are physiological and might even be functional to the development of the European legal order, which should not be understood in a deterministic manner. The new edition will be of particular interest to academics and students in the disciplines of law, international relations, and political science.
Author: Nico Krisch
Publisher: Oxford University Press, USA
ISBN: 0199228310
Category : Law
Languages : en
Pages : 383
Get Book Here
Book Description
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: Gareth Davies
Publisher: Edward Elgar Publishing
ISBN: 1786433095
Category : Electronic books
Languages : en
Pages : 437
Get Book Here
Book Description
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.
Author: Klemen Jaklic
Publisher: OUP Oxford
ISBN: 0191008958
Category : Law
Languages : en
Pages : 1503
Get Book Here
Book Description
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.
Author: András Sajó
Publisher: Eleven International Publishing
ISBN: 9077596046
Category : Civil rights
Languages : en
Pages : 271
Get Book Here
Book Description
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.
Author: Julie Dickson
Publisher: OUP Oxford
ISBN: 0191652164
Category : Law
Languages : en
Pages : 866
Get Book Here
Book Description
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.
Author: Luke Dimitrios Spieker
Publisher: Oxford University Press
ISBN: 0198876718
Category : Law
Languages : en
Pages : 385
Get Book Here
Book Description
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos JuÃzes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.
Author: Peter Krasztev
Publisher: Central European University Press
ISBN: 6155053081
Category : Political Science
Languages : en
Pages : 412
Get Book Here
Book Description
This book presents compelling essays by leading Hungarian and foreign authors on the variety of social movements and parties that seek influence and power in a Hungary mired in deep and manifold crisis. The main question the volume tries to answer is: what can we expect after the fall of the semi-authoritarian Orb n regime in Hungary.ÿ Who will be the new players?ÿ What are their backgrounds? What are their political and social ideals, intentions and methods? The studies in the first section of the volume provide the reader with the reasons of the emergence of these new movements: a deep analysis of the historical, political and cultural background of the current situation. The second part contains essays and case studies which challenge the movements and parties involved to look beyond their current ineffectiveness, and to find ways of meeting the challenges that would allow them to exercise responsible and effective leadership in their time and place. This collection would be the first of the kind both in the field of movement theory/history and democracy studies because it reflects on very recent developments not researched in the international scholarly literature. One would not be able to understand contemporary Hungarian society without reading it before the 2014 elections.
