Author: Tom Flynn
Publisher: Bloomsbury Publishing
ISBN: 1509916180
Category : Law
Languages : en
Pages : 291
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Book Description
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.
Author: Gareth Davies
Publisher: Edward Elgar Publishing
ISBN: 1786433095
Category : Electronic books
Languages : en
Pages : 437
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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:
Publisher:
ISBN:
Category : College students
Languages : en
Pages : 270
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Book Description
Author: Thomas Joseph Sheridan Flynn
Publisher:
ISBN: 9781509916191
Category :
Languages : en
Pages : 288
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Book Description
"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."--Bloomsbury Publishing.
Author: Marco Goldoni
Publisher: Cambridge University Press
ISBN: 1009021117
Category : Law
Languages : en
Pages : 1091
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Book Description
Despite a long and venerable tradition, the material constitution almost disappeared from constitutional scholarship after the Second World War. Its marginalisation saw the rise of a normative and legalistic style in constitutional law that neglected the role of social reality and political economy. This collection not only retrieves the history and development of the concept of the material constitution, but it tests its theoretical and practical relevance in the contemporary world. With essays from a diverse range of contributors, the collection demonstrates that the material constitution speaks to several pressing issues, from the significance of economic development in constitutional orders to questions of constitutional identity. Offering original analyses supported by international case studies, this book develops a new model of constitutional reality, one that informs our understanding of the world in profound ways.
Author: Ana Bobić
Publisher: Oxford University Press
ISBN: 0192847031
Category : Conflict of laws
Languages : en
Pages : 321
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Book Description
A comparative and comprehensive account of the jurisprudence of constitutional conflict between the Court of Justice and national courts with the power of constitutional review. This monograph addresses the incidences of, and reasons for, constitutional clashes in the application and enforcement of EU law. It aims to determine how the principle of primacy of EU law works in reality and whether the jurisprudence of the courts under analysis supports this concept. To this end, the book explores the three areas of constitutional conflict: ultra vires review, identity review, and fundamental rights review. The book substantiates the descriptive and strengthens the normative contributions of the theory of constitutional pluralism in relation to the web of relations in the European judicial space. By examining the influence that the jurisprudence of constitutional conflict has on the balance of powers between the Court of Justice and constitutional courts, the volume develops the judicial triangle as an analytical tool that depicts the consequences for the horizontal (constitutional courts vis-à-vis the Court of Justice) and vertical judicial relationships (Court of Justice vis-à-vis ordinary national courts; constitutional courts vis-à-vis ordinary national courts). By offering a thorough compilation of the jurisprudence of constitutional conflict in the EU, The Jurisprudence of Constitutional Conflict in the European Union improves our understanding of the principle of primacy of EU law and its limits, as well as reinforces the theory of constitutional pluralism in explaining and guiding judicial power relations and interactions in the EU.
Author: Martin H. Krieger
Publisher: University of Chicago Press
ISBN: 9780226453057
Category : Mathematics
Languages : en
Pages : 372
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Book Description
Krieger's lucid discussions will help students of physics and applied mathematics appreciate the larger physical issues behind the mathematical details of modern physics. Historians and philosophers of science will gain deeper insights into how theoretical physicists do science, while technically advanced general readers will get a rare, behind-the-scenes glimpse into the world of modern physics.
Author: Rafael Cox-Alomar
Publisher: Oxford University Press
ISBN: 0190461268
Category : Law
Languages : en
Pages : 305
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Book Description
The only book of its kind in the English language, this is the first volume of the Oxford Commentaries on the State Constitutions of the United States to explore the constitution of a U.S. territory: Puerto Rico. The first half of the volume unearths the island's constitutional history from the days of Spanish colonization in the 16th century, through to Congress' enactment in 2016 of the Puerto Rico Oversight, Management and Economic Stability Act (PROMESA). Professor Cox Alomar offers a careful analysis of the most recent decisions of the U.S. Supreme Court implicating Puerto Rico, Sánchez Valle (2016), Franklin Trust (2016), Aurelius (2020) and Vaello Madero (2022). The second half of this volume provides an in-depth analysis of each of the provisions incorporated by the Puerto Rican framers to the 1952 Constitution, still in full force today. Commentary is provided on each of these constitutional provisions in light of the most recent decisions of the Puerto Rico Supreme Court. The volume examines the interaction between the Puerto Rico Supreme Court and the U.S. Supreme Court, as well as the complex relationship between Puerto Rico and the political branches in Washington. This book is a timely companion in one of the more complex, yet transformative periods in Puerto Rico's constitutional life.
Author: Giuseppe Martinico
Publisher: Taylor & Francis
ISBN: 1000630692
Category : Law
Languages : en
Pages : 175
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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: Robert D. Cooter
Publisher: Princeton University Press
ISBN: 0691214506
Category : Law
Languages : en
Pages : 435
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Book Description
Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.
