Europes Functional Constitution

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Europe's Functional Constitution

Europe's Functional Constitution [Pdf/ePub] eBook ISBN-10: 0191076872
Publisher: Oxford University Press
File Size: 1860 KB
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Read Count: 9101833


Europe's Functional Constitution by Book Resume:

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.

The Many Constitutions of Europe

The Many Constitutions of Europe [Pdf/ePub] eBook ISBN-10: 1317024494
Author: Suvi Sankari
Publisher: Routledge
File Size: 374 KB
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Read Count: 3848872


The Many Constitutions of Europe by Suvi Sankari Book Resume:

This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.


Author: Anneli Albi
Publisher: Springer
File Size: 309 KB
File Format: Pdf
Read Count: 2231836



This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or 'twilight of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project 'The Role and Future of National Constitutions in European and Global Governance. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Euroconstitutionalism and its Discontents

Euroconstitutionalism and its Discontents [Pdf/ePub] eBook ISBN-10: 019257115X
Author: Oliver Gerstenberg
Publisher: Oxford University Press
File Size: 1456 KB
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Read Count: 238672


Euroconstitutionalism and its Discontents by Oliver Gerstenberg Book Resume:

This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. This book challenges the common view that constitutionalization means de-politicization. It argues that courts can exert a more indirect, creative, and agenda-setting role in the process of an ongoing clarification of the meaning of a right. The CJEU and the ECtHR - as courts beyond the nation state - are able to constructively re-open and re-politicize controversies that may appear settled at the national level in their constitutionalizing jurisprudence. And, crucially, our understanding of shared European constitutional principles is itself subject to revision and reconsideration as we accumulate experiences of dealing with diverse national contexts. By examining the jurisprudence of the CJEU and the ECtHR, the book demonstrates that in domain after domain, ranging from the protection of the vulnerable in the European social market to the guarantee of freedom of conscience, which in Europe emerged after many centuries of religious persecution, both courts can enhance and deepen democracy and thereby encourage the liberal project of constitutionalism beyond the state. Over time, once interpretive answers have become established in practice, courts can then move towards stronger forms of judicial intervention that consolidate best practice. It is this democratic and experimental process which lies at the heart of the distinctive model of contemporary Euroconstitutionalism.

Brexit and Beyond

Brexit and Beyond [Pdf/ePub] eBook ISBN-10: 1787352757
Author: Benjamin Martill,Uta Staiger
Publisher: UCL Press
File Size: 1638 KB
File Format: Pdf
Read Count: 6776935


Brexit and Beyond by Benjamin Martill,Uta Staiger Book Resume:

Brexit will have significant consequences for the country, for Europe, and for global order. And yet much discussion of Brexit in the UK has focused on the causes of the vote and on its consequences for the future of British politics. This volume examines the consequences of Brexit for the future of Europe and the European Union, adopting an explicitly regional and future-oriented perspective missing from many existing analyses. Drawing on the expertise of 28 leading scholars from a range of disciplines, Brexit and Beyond offers various different perspectives on the future of Europe, charting the likely effects of Brexit across a range of areas, including institutional relations, political economy, law and justice, foreign affairs, democratic governance, and the idea of Europe itself. Whilst the contributors offer divergent predictions for the future of Europe after Brexit, they share the same conviction that careful scholarly analysis is in need – now more than ever – if we are to understand what lies ahead for the EU. Praise for Brexit and Beyond 'a wide-ranging and thought-provoking tour through the vagaries of British exit, with the question of Europe’s fate never far from sight...Brexit is a wake-up call for the EU. How it responds is an open question—but respond it must. To better understand its options going forward you should turn to this book, which has also been made free online.' Prospect Magazine 'This book explores wonderfully well the bombshell of Brexit: is it a uniquely British phenomenon or part of a wider, existential crisis for the EU? As the tensions and complexities of the Brexit negotiations come to the fore, the collection of essays by leading scholars will prove a very valuable reference for their depth of analysis, their lucidity, and their outlining of future options.' - Kevin Featherstone, Head of the LSE European Institute, London School of Economics 'Brexit and Beyond is a must read. It moves the ongoing debate about what Brexit actually means to a whole new level. While many scholars to date have examined the reasons for the British decision to leave, the crucial question of what Brexit will mean for the future of the European project is often overlooked. No longer. Brexit and Beyond bundles the perspectives of leading scholars of European integration. By doing so, it provides a much needed scholarly guidepost for our understanding of the significance of Brexit, not only for the United Kingdom, but also for the future of the European continent.' - Catherine E. De Vries, Professor in the department of Government, University of Essex and Professor in the department of Political Science and Public Administration Free University Amsterdam 'Brexit and Beyond provides a fascinating (and comprehensive) analysis on the how and why the UK has found itself on the path to exiting the European Union. The talented cast of academic contributors is drawn from a wide variety of disciplines and areas of expertise and this provides a breadth and depth to the analysis of Brexit that is unrivalled. The volume also provides large amounts of expert-informed speculation on the future of both the EU and UK and which is both stimulating and anxiety-inducing.' -Professor Richard Whitman, Head of School, Professor of Politics and International Relations, Director of the Global Europe Centre, University of Kent

European Yearbook of Constitutional Law 2019

European Yearbook of Constitutional Law 2019 [Pdf/ePub] eBook ISBN-10: 9462653593
Author: Ernst Hirsch Ballin,Gerhard van der Schyff,Maarten Stremler
Publisher: Springer Nature
File Size: 1927 KB
File Format: Pdf
Read Count: 9475947


European Yearbook of Constitutional Law 2019 by Ernst Hirsch Ballin,Gerhard van der Schyff,Maarten Stremler Book Resume:

The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This inaugurate volume examines the safeguards and limits of judicial power in a variety of constitutional systems, both at the national and supranational level. The book approaches the judiciary as part of the constitutional system operating within a legal order that connects the citizens and institutions of the state to each other. Looking at the judiciary from this broader perspective, the traditional doctrine of the separation of powers would appear no longer to adequately represent the diversity and complexity of constitutional systems and their democratic legitimacy. Judicial independence does not mean isolation, but should better be understood as institutionalizing relationships that legitimize the power of the courts. The notions of ‘safeguards’ and ‘limits’ indicate the reciprocally enabling and protecting nature of these relationships. In recognition of this, the contributions to this volume analyse these safeguards and limits as relations existing within a complex constitutional architecture. State institutions, today, are involved in a fundamental transformation of their selfunderstanding as a result of changes in political culture. Several contributions to this volume provide examples of political criticism and pressure on the judiciary, against which the usual guarantees are unable to provide adequate protection. A convincing and effective response to threats to the judiciary’s independence requires a detailed and precise analysis of the judiciary’s constitutional safeguards and limits. This book offers a step in that direction.

The Left Case for Brexit

The Left Case for Brexit [Pdf/ePub] eBook ISBN-10: 1509542299
Author: Richard Tuck
Publisher: John Wiley & Sons
File Size: 1827 KB
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Read Count: 9740782


The Left Case for Brexit by Richard Tuck Book Resume:

Liberal left orthodoxy holds that Brexit is a disastrous coup, orchestrated by the hard right and fuelled by xenophobia, which will break up the Union and turn what’s left of Britain into a neoliberal dystopia. Richard Tuck’s ongoing commentary on the Brexit crisis demolishes this narrative. He argues that by opposing Brexit and throwing its lot in with a liberal constitutional order tailor-made for the interests of global capitalists, the Left has made a major error. It has tied itself into a framework designed to frustrate its own radical policies. Brexit therefore actually represents a golden opportunity for socialists to implement the kind of economic agenda they have long since advocated. Sadly, however, many of them have lost faith in the kind of popular revolution that the majoritarian British constitution is peculiarly well-placed to deliver and have succumbed instead to defeatism and the cultural politics of virtue-signalling. Another approach is, however, still possible. Combining brilliant contemporary political insights with a profound grasp of the ironies of modern history, this book is essential for anyone who wants a clear-sighted assessment of the momentous underlying issues brought to the surface by Brexit.

Constitution for a Disunited Nation

Constitution for a Disunited Nation [Pdf/ePub] eBook ISBN-10: 6155225575
Author: Gábor Attila Tóth
Publisher: Central European University Press
File Size: 945 KB
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Read Count: 5729392


Constitution for a Disunited Nation by Gábor Attila Tóth Book Resume:

This collection is the most comprehensive account of the Fundamental Law and its underlying principles. The objective is to analyze this constitutional transition from the perspectives of comparative constitutional law, legal theory and political philosophy. The authors outline and analyze how the current constitutional changes are altering the basic structure of the Hungarian State. The key concepts of the theoretical inquiry are sociological and normative legitimacy, majoritarian and partnership approach to democracy, procedural and substantive elements of constitutionalism. Changes are also examined in the field of human rights, focusing on the principles of equality, dignity, and civil liberties.

Rethinking the Rule of Law after Communism

Rethinking the Rule of Law after Communism [Pdf/ePub] eBook ISBN-10: 6155053626
Author: Adam Czarnota,Martin Krygier,Wojciech Sadurski
Publisher: Central European University Press
File Size: 1964 KB
File Format: Pdf
Read Count: 9084884


Rethinking the Rule of Law after Communism by Adam Czarnota,Martin Krygier,Wojciech Sadurski Book Resume:

In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.

The Constitution of Poland

The Constitution of Poland [Pdf/ePub] eBook ISBN-10: 1509913955
Author: Miroslaw Granat,Katarzyna Granat
Publisher: Bloomsbury Publishing
File Size: 1967 KB
File Format: Pdf
Read Count: 7133250


The Constitution of Poland by Miroslaw Granat,Katarzyna Granat Book Resume:

This book focuses on the Polish Constitution of 1997, concentrating on its structure, its substance and some of the institutional choices made by the drafters. The core of the Constitution is similar to other liberal democratic constitutions, but, in addition, it regulates a number of issues – such as public finances and sources of law – that are new to Polish constitutionalism and to constitutionalism in general. It considers in a detailed manner certain institutional choices made in the Constitution, such as the bicameral parliament, the peculiar structure of the executive branch, as well as the principle of independence of courts and judges, fundamental rights and local government. The book is a vital resource for all those interested in Poland's Constitution, and the rich comparative constitutional insights the country offers. In addition to explaining the 1997 Constitution in its political, historical, and social context, the book tackles the radical changes, in particular within the judicial branch, introduced by the new governing majority since 2015. These new regulations, constitutional in character, but without formally changing the Constitution, challenged the rule of law, a key component of membership in the European Union. Despite the negative nature of these recent developments, the anchoring of Polish constitutional law in European constitutionalism presents a source of optimism that the 1997 Constitution will regain its position as the supreme law of the state.

Defending Checks and Balances in EU Member States

Defending Checks and Balances in EU Member States [Pdf/ePub] eBook ISBN-10: 366262317X
Author: Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt
Publisher: Springer Nature
File Size: 1594 KB
File Format: Pdf
Read Count: 8603479


Defending Checks and Balances in EU Member States by Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt Book Resume:

This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

The Constitutional Theory of the Federation and the European Union

The Constitutional Theory of the Federation and the European Union [Pdf/ePub] eBook ISBN-10: 0192603000
Author: Signe Rehling Larsen
Publisher: Oxford University Press
File Size: 1257 KB
File Format: Pdf
Read Count: 4069519


The Constitutional Theory of the Federation and the European Union by Signe Rehling Larsen Book Resume:

From the start of the European integration process, one question has puzzled scholars: what type of political association is the European Union? In absence of an agreed upon response, most scholars have suggested that the European Union is 'sui generis'. This book challenges the sui generis thesis by demonstrating that the EU is not a unique form of association, but rather a federal union of states, or what this book calls a federation. This is a discrete form of political association on par with, though differentiated from, political modernity's two other main forms, namely the state and the empire. The federation cannot be understood on the basis of the general theory of the state or its concept of sovereignty. The 'statist' imaginary still dominates both the debates on federalism and the EU, meaning that all federal policies are either seen as 'confederal' associations of sovereign states or sovereign federal states. This book challenges this binary by demonstrating that the federation is not a 'super state' but a discrete political form with its own constitutional theory. It is characterized by a double political existence, a lack of internal hierarchy, and the internal absence, contestation, or repression of sovereignty. This book details the key aspects of federal constitutional theory and how this theory accounts for the EU's constitutional form as well as the crises it has faced in recent years. This book is broken into five chapters that cover the introduction to federalism, origins of the EU, state transformation and teleology, unity in diversity, and emergency rule without a sovereign. This book draws on a variety of literatures and historical material to help the reader develop a critical understanding of 'constitutional myths' and the theory of federalism.

Law and the Limits of Reason

Law and the Limits of Reason [Pdf/ePub] eBook ISBN-10: 0190452471
Author: Adrian Vermeule
Publisher: Oxford University Press
File Size: 1797 KB
File Format: Pdf
Read Count: 4637256


Law and the Limits of Reason by Adrian Vermeule Book Resume:

Human reason is limited. Given the scarcity of reason, how should the power to make constitutional law be allocated among legislatures, courts and the executive, and how should legal institutions be designed? In Law and the Limits of Reason, Adrian Vermeule denies the widespread view, stemming from Burke and Hayek, that the limits of reason counsel in favor of judges making "living" constitutional law in the style of the common law. Instead, he proposes and defends a "codified constitution" - a regime in which legislatures have the primary authority to develop constitutional law over time, through statutes and constitutional amendments. Vermeule contends that precisely because of the limits of human reason, large modern legislatures, with their numerous and highly diverse memberships and their complex internal structures for processing information, are the most epistemically effective lawmaking institutions.

Constitutionalism Under Extreme Conditions

Constitutionalism Under Extreme Conditions [Pdf/ePub] eBook ISBN-10: 3030490009
Author: Richard Albert,Yaniv Roznai
Publisher: Springer Nature
File Size: 909 KB
File Format: Pdf
Read Count: 2455577


Constitutionalism Under Extreme Conditions by Richard Albert,Yaniv Roznai Book Resume:

This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via

The Constitution of Knowledge

The Constitution of Knowledge [Pdf/ePub] eBook ISBN-10: 0815738870
Author: Jonathan Rauch
Publisher: Brookings Institution Press
File Size: 1581 KB
File Format: Pdf
Read Count: 9462916


The Constitution of Knowledge by Jonathan Rauch Book Resume:

Arming Americans to defend the truth from today’s war on facts Disinformation. Trolling. Conspiracies. Social media pile-ons. Campus intolerance. On the surface, these recent additions to our daily vocabulary appear to have little in common. But together, they are driving an epistemic crisis: a multi-front challenge to America’s ability to distinguish fact from fiction and elevate truth above falsehood. In 2016 Russian trolls and bots nearly drowned the truth in a flood of fake news and conspiracy theories, and Donald Trump and his troll armies continued to do the same. Social media companies struggled to keep up with a flood of falsehoods, and too often didn’t even seem to try. Experts and some public officials began wondering if society was losing its grip on truth itself. Meanwhile, another new phenomenon appeared: “cancel culture.” At the push of a button, those armed with a cellphone could gang up by the thousands on anyone who ran afoul of their sanctimony. In this pathbreaking book, Jonathan Rauch reaches back to the parallel eighteenth-century developments of liberal democracy and science to explain what he calls the “Constitution of Knowledge”—our social system for turning disagreement into truth. By explicating the Constitution of Knowledge and probing the war on reality, Rauch arms defenders of truth with a clearer understanding of what they must protect, why they must do—and how they can do it. His book is a sweeping and readable description of how every American can help defend objective truth and free inquiry from threats as far away as Russia and as close as the cellphone.

Critical Reflections on Constitutional Democracy in the European Union

Critical Reflections on Constitutional Democracy in the European Union [Pdf/ePub] eBook ISBN-10: 1509933263
Author: Sacha Garben,Inge Govaere,Paul Nemitz
Publisher: Bloomsbury Publishing
File Size: 545 KB
File Format: Pdf
Read Count: 1005572


Critical Reflections on Constitutional Democracy in the European Union by Sacha Garben,Inge Govaere,Paul Nemitz Book Resume:

This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the array of existing scholarship and debate by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal.

The Future of Europe

The Future of Europe [Pdf/ePub] eBook ISBN-10: 1509923322
Author: Antonina Bakardjieva Engelbrekt,Xavier Groussot
Publisher: Bloomsbury Publishing
File Size: 416 KB
File Format: Pdf
Read Count: 545479


The Future of Europe by Antonina Bakardjieva Engelbrekt,Xavier Groussot Book Resume:

The European Union is at a crossroads. Slowly recovering from a series of financial and economic crises, with trust fundamentally shaken by processes of disaggregation and increasingly nationalist politics, it is searching for new visions that are at once inspiring and workable. In its White Paper of 1 March 2017, the Commission proposed five non-exclusive options for the Future of Europe. As put by the Commission, the five scenarios are illustrative in nature to provoke thinking. They are not detailed blueprints or policy prescriptions. Likewise, they deliberately make no mention of legal or institutional processes – the form will follow the function. This book takes the current state of the Union seriously. However, it aims to debate not only the political vision of Europe, but also the issue of legal integration beyond Brexit. Apart from addressing the institutional challenges for the EU, the contributions to this volume focus on two key areas: rule of law and security. Rule of law and security are not only paradigmatic for the future of Europe but are also closely connected to a particular vision of Europe based on 'integration through law'; a vision that has been strongly contested in recent years. The overarching question is: how can sustainable political and legal integration be achieved in Europe? The volume builds on a conference organised by the Swedish Network for European Legal Studies in November 2017 and includes chapters by leading scholars in the field from the Nordic countries and wider Europe.

Handbook on Global Constitutionalism

Handbook on Global Constitutionalism [Pdf/ePub] eBook ISBN-10: 1783477350
Author: Anthony F. Lang, Jr.,Antje Wiener
Publisher: Edward Elgar Publishing
File Size: 1222 KB
File Format: Pdf
Read Count: 7753882


Handbook on Global Constitutionalism by Anthony F. Lang, Jr.,Antje Wiener Book Resume:

This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.

Authoritarian Liberalism and the Transformation of Modern Europe

Authoritarian Liberalism and the Transformation of Modern Europe [Pdf/ePub] eBook ISBN-10: 0192597086
Author: Michael A. Wilkinson
Publisher: Oxford University Press
File Size: 1381 KB
File Format: Pdf
Read Count: 3963500


Authoritarian Liberalism and the Transformation of Modern Europe by Michael A. Wilkinson Book Resume:

This title recounts the transformation of Europe from the post-war era until the Euro-crisis, using the tools of constitutional analysis and critical theory. The central claim is twofold: Europe has been gradually reconstituted in a manner that combines political authoritarianism with economic liberalism and that this order is now in a critical condition. Authoritarian liberalism is constructed supranationally, through a taming of inter-state relations in the project of European integration; at the domestic level, through the depoliticization of state-society relations; and socially, through the emergence of a new constitutional imaginary based on liberal individualism. In the language of constitutional theory, this transformation can be captured by the substitution of supranationalism for internationalism, technocracy for democracy, and economic for political freedom. Sovereignty is restrained, democracy curtailed, and class struggle repressed. This constitutional trajectory takes time to unfold and develop and it presents continuities and discontinuities. On the one hand, authoritarian liberalism is deepened by the neoliberalism of the Maastricht era and the creation of Economic and Monetary Union. On the other hand, counter-movements then also begin to emerge, geopolitically, in the return of the German question, domestically, in the challenges to the EU presented by constitutional courts, and informally, in the rise of anti-systemic political parties and movements. Sovereignty, democracy, and political freedom resurface, but are then more actively suppressed through the harsher authoritarian liberalism of the Euro-crisis phase. This leads now to an impasse. Anti-systemic politics return but remain uneasily within the EU, suggesting authoritarian liberalism has reached its limits if just about managing to maintain constitutional order. As yet, there has been no definitive rupture, with the possible exception of Brexit.

The Foundations of the EU as a Polity

The Foundations of the EU as a Polity [Pdf/ePub] eBook ISBN-10: 1785363905
Author: Massimo Fichera
Publisher: Edward Elgar Publishing
File Size: 708 KB
File Format: Pdf
Read Count: 7079861


The Foundations of the EU as a Polity by Massimo Fichera Book Resume:

In this insightful book, Massimo Fichera provides an original account of European integration as a process. He argues that European constitutionalism has been informed from its earliest stages by a meta-rationale, which is expressed by security and fundamental rights as discourses of power. Employing this descriptive and normative conceptual framework to analyse the development of the EU as a polity, chapters cover significant recent events such as the Eurozone crisis, the refugee crisis, the rule of law crisis, Brexit and the constitutional identity crisis.