Constitutional pluralism in the European Union and beyond edited by Matej Avbelj and Jan Komarek.

Format:

Book

Contributor:

Avbelj, Matej, editor.

Komárek, Jan, editor.

Series:

Studies of the Oxford Institute of European and Comparative Law ; v. 14.

Studies of the Oxford Institute of European and Comparative Law v. 14

Language:

English

Subjects (All):

Constitutional law--European Union countries--Congresses.

Constitutional law.

Legal polycentricity--European Union countries--Congresses.

Legal polycentricity.

Physical Description:

1 online resource (452 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2012.

Language Note:

English

Summary:

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

Contents:

Introduction / Matej Avbelj and Jan Komarek

Constitutionalism and pluralism in global context / Neil Walker

Rethinking constitutional authority : on the structure and limits of constitutional pluralism / Mattias Kumm

Three claims of constitutional pluralism / Miguel Poiares Maduro

Systems pluralism and institutional pluralism in constitutional law : national, supranational and global governance / Daniel Halberstam

Multilevel constitutionalism and constitutional pluralism / Franz C Mayer and Mattias Wendel

The fallacy of European multilevel constitutionalism / Rene Barents

Federalism as constitutional pluralism : 'letter from America' / Robert Schütze

Out with the new, in with the old - neo-Roman constitutional thought and the enigma of constitutional pluralism in the EU / Ola Zetterquist

Institutional dimension of constitutional pluralism / Jan Komarek

Legal pluralism and institutional disobedience in the European Union / Julio Baquero Cruz

Constitutional disagreement in Europe and the search for pluralism / Gareth Davies

The silent lamb and the deaf wolves / Daniel Sarmiento

Constitutional dialogues, pluralism and conflicting identities / Xavier Groussot

Monism : a tale of the undead / Alexander Somek

Can European integration be constitutional and pluralist

both at the same time? / Matej Avbelj

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

Notes:

Papers originally presented at a conference held in Oxford under the auspices of the Institute of European and Comparative Law of the University of Oxford, Mar. 20-21, 2009

Includes bibliographical references and index

ISBN:

9786613774026

9781847318923

1847318924

9781472561121

1472561120

9781281064806

1281064807

9781847318916

1847318916

OCLC:

801657444