European constitutionalism without private law : private law without democracy
Author | : Christian Joerges |
Publisher | : |
Total Pages | : 157 |
Release | : 2011 |
Genre | : Civil law |
ISBN | : 9788293137313 |
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Author | : Christian Joerges |
Publisher | : |
Total Pages | : 157 |
Release | : 2011 |
Genre | : Civil law |
ISBN | : 9788293137313 |
Author | : Suvi Sankari |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 486 |
Release | : 2013-02-28 |
Genre | : Law |
ISBN | : 1409497291 |
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 | : Gráinne de Búrca |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2011-10-13 |
Genre | : Political Science |
ISBN | : 1139501925 |
The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, in both the EU's internal and its external relations. The book culminates in a dialogical epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike.
Author | : J. H. H. Weiler |
Publisher | : Cambridge University Press |
Total Pages | : 256 |
Release | : 2003-09-04 |
Genre | : Law |
ISBN | : 9780521796712 |
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
Author | : Federico Mancini |
Publisher | : Hart Publishing |
Total Pages | : 296 |
Release | : 2000-06-26 |
Genre | : Law |
ISBN | : 1841131148 |
This collection of essays brings together the late Federico Mancini's most important writings in English, which concentrate largely on the issues of democracy, constitutionalism and individual rights in the European Union. The book presents the unique perspective of someone who witnessed the birth of European integration, was first an Advocate General and then a Judge of the Court of Justice of the European Community and who carried an unfaltering belief in the promises and advantages of a federal Europe.
Author | : Kaarlo Tuori |
Publisher | : Cambridge University Press |
Total Pages | : 419 |
Release | : 2015-07-16 |
Genre | : Law |
ISBN | : 1107087090 |
This book provides a new understanding of the European constitution as a multidimensional process of constitutionalization, constantly interacting with Member State constitutions.
Author | : Thomas Barkhuysen |
Publisher | : BRILL |
Total Pages | : 145 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9004148523 |
This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.
Author | : Erik Oddvar Eriksen |
Publisher | : Routledge |
Total Pages | : 423 |
Release | : 2008-07-04 |
Genre | : Political Science |
ISBN | : 1134042809 |
To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order. This book deals with four themes which make up the main sources of the ‘constitutional crisis’: The problem of the rule of law in a context of governance beyond the nation state The problem of the social deficit of the Union The problem of identity and collective memories The problem of institutionalizing post-national democracy. These themes constitute the unfinished agenda of the European integration process. Law, Democracy and Solidarity in a Post-national Union is based on the efforts of a collection of top scholars in the fields of Law, Political Science, Sociology and Economics, and will appeal to students and scholars of political science, the European Union and European studies.
Author | : Michelle Everson |
Publisher | : Routledge |
Total Pages | : 257 |
Release | : 2007-09-21 |
Genre | : Law |
ISBN | : 1134070675 |
Introduction -- Constitutional mo(u)rning -- Retelling the legal integration story -- Forgetting law -- Adjudicating non-authoritative law -- Constitutionalising the institutional balance of powers -- The principled judicial mechanics of constitutional morphogenesis -- Constitutionalism beyond constitutions.
Author | : Hans Micklitz |
Publisher | : OUP Oxford |
Total Pages | : 289 |
Release | : 2014-04-17 |
Genre | : Law |
ISBN | : 0191020079 |
In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.