Euroconstitutionalism and its discontents / Oliver Gerstenberg.

Format:

Book

Author/Creator:

Gerstenberg, Oliver, author.

Series:

Oxford constitutional theory

Language:

English

Subjects (All):

European Court of Human Rights.

Court of Justice of the European Union.

Constitutional law--Social aspects--Europe.

Constitutional law.

Constitutional law--Social aspects.

Europe.

Physical Description:

xix, 164 pages ; 24 cm.

Edition:

First edition.

Place of Publication:

Oxford, United Kingdom : Oxford University Press, 2018.

Summary:

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. 0By 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.

Contents:

Non-finality and dialogue in constitutional interpretation : towards an analytic taxonomy of non-court centric conceptions of judicial review

Adjudicating the European social market : negative constitutionalism redux?

Democratic experimentalism and the public sphere : freedom of conscience, free speech, and non-discrimination

Conclusion.

Notes:

Includes bibliographical references and index.

ISBN:

0198834330

9780198834335

OCLC:

1048949798