Julian Scholtes – författare & böcker

The Abuse of Constitutional Identity in the European Union

Inbunden, Engelska, 2023

1 280 kr

Skickas inom 7-10 vardagar

The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused.In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.

Abuse of Constitutional Identity in the European Union

AvJulian Scholtes

E-bok

PDF, Engelska, 2023

1 147 kr

Läs direkt efter köp

The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled ''constitutional identity''. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easilyembedded in authoritarian, nativist rhetoric and vulnerable to being abused.In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in threedistinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim''s broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand,considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.

Abuse of Constitutional Identity in the European Union

AvJulian Scholtes

E-bok

Engelska, 2023

1 147 kr

Läs direkt efter köp

The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled ''constitutional identity''. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easilyembedded in authoritarian, nativist rhetoric and vulnerable to being abused.In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in threedistinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim''s broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand,considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.

Julian Scholtes, Jakob Gasperin Wischhoff, Jaka Kukavica, Marjan Kos, Maja Sahadzic - Accommodating Diversity in Multilevel Constitutional Orders, E-bok

Accommodating Diversity in Multilevel Constitutional Orders

Legal Mechanisms of Divergence and Convergence

AvJulian Scholtes,Jakob Gasperin Wischhoffm. fl.

E-bok

PDF, Engelska, 2023

681 kr

Läs direkt efter köp

This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions.

The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy.

This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

Accommodating Diversity in Multilevel Constitutional Orders

Legal Mechanisms of Divergence and Convergence

AvJulian Scholtes,Jakob Gasperin Wischhoffm. fl.

E-bok

Engelska, 2023

681 kr

Läs direkt efter köp

This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions.

The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy.

This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

Maja Sahadžić, Marjan Kos, Jaka Kukavica, Jakob Gašperin Wischhoff, Julian Scholtes - Accommodating Diversity in Multilevel Constitutional Orders, Inbunden

Accommodating Diversity in Multilevel Constitutional Orders

Legal Mechanisms of Divergence and Convergence

AvMaja Sahadžić,Marjan Kosm. fl.

Inbunden, Engelska, 2023

2 433 kr

Skickas inom 10-15 vardagar

This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

Accommodating Diversity in Multilevel Constitutional Orders

Legal Mechanisms of Divergence and Convergence

AvMaja Sahadžić,Marjan Kosm. fl.

Häftad, Engelska, 2024

628 kr

Skickas inom 10-15 vardagar

This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

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Julian Scholtes – författare

The Abuse of Constitutional Identity in the European Union

Abuse of Constitutional Identity in the European Union

Abuse of Constitutional Identity in the European Union

Accommodating Diversity in Multilevel Constitutional Orders

Accommodating Diversity in Multilevel Constitutional Orders

Accommodating Diversity in Multilevel Constitutional Orders

Accommodating Diversity in Multilevel Constitutional Orders

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