Constitutional Pluralism in the European Union and Beyond

Inbunden, Engelska, 2012

Del i serien Studies of the Oxford Institute of European and Comparative Law

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Beskrivning

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.

Produktinformation

Utgivningsdatum:2012-02-29
Mått:162 x 236 x 34 mm
Vikt:860 g
Format:Inbunden
Språk:Engelska
Serie:Studies of the Oxford Institute of European and Comparative Law
Antal sidor:452
Förlag:Bloomsbury Publishing PLC
ISBN:9781849461252

Utforska kategorier

Författningsrätt och förvaltningsrätt inom Juridik

Mer om författaren

Matej Avbelj is an Assistant Professor of European Law, Graduate School of Government and European Studies, Slovenia.Jan Komárek is a Lecturer in EU law at the London School of Economics.

Recensioner i media

...an impressive collection of essays gathering some of the most important names in the field of European constitutional law....fundamental reading to those who wish to deal with constitutional theories of European integration (not only with constitutional pluralism as such, since it gives voice even to the sceptics or discontents of constitutional pluralism) and its purchase has to be recommended definitively.

Innehållsförteckning

1 Introduction Matej Avbelj and Jan Komárek 2 Constitutionalism and Pluralism in Global Context Neil Walker 3 Rethinking Constitutional Authority: On the Structure and Limits of Constitutional Pluralism Mattias Kumm 4 Three Claims of Constitutional Pluralism Miguel Poiares Maduro 5 Systems Pluralism and Institutional Pluralism in Constitutional Law: National, Supranational and Global Governance Daniel Halberstam 6 Multilevel Constitutionalism and Constitutional Pluralism Franz C Mayer and Mattias Wendel 7 The Fallacy of European Multilevel Constitutionalism René Barents 8 Federalism as Constitutional Pluralism: 'Letter from America' Robert Schütze 9 Out with the New, in with the Old – Neo-Roman Constitutional Thought and the Enigma of Constitutional Pluralism in the EU Ola Zetterquist 10 Institutional Dimension of Constitutional Pluralism Jan Komárek 11 Legal Pluralism and Institutional Disobedience in the European Union Julio Baquero Cruz 12 Constitutional Disagreement in Europe and the Search for Pluralism Gareth Davies 13 The Silent Lamb and the Deaf Wolves Daniel Sarmiento 14 Constitutional Dialogues, Pluralism and Conflicting Identities Xavier Groussot 15 Monism: A Tale of the Undead Alexander Somek 16 Can European Integration be Constitutional and Pluralist – Both at the Same Time? Matej Avbelj