Europe's constitutional mosaic / edited by Neil Walker, Jo Shaw, and Stephen Tierney.

Format:

Book

Contributor:

Shaw, Jo, 1961- editor.

Tierney, Stephen, editor.

Walker, Neil, 1960- editor.

Language:

English

Subjects (All):

Constitutional law--Europe.

Constitutional law.

Physical Description:

1 online resource (405 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, OR : Hart Publishing, 2011.

Language Note:

English

Summary:

This book emerged from an extended seminar series held in Edinburgh Law School which sought to explore the complex constitutional arrangements of the European legal space as an inter-connected mosaic. There has been much recent debate concerning the constitutional future of Europe, focusing almost exclusively upon the EU in the context of the (failed) Constitutional Treaty of 2003-5 and the subsequent Treatyof Lisbon. The premise of the book is that this focus, while indispensable, offers only a partial vision of the complex constitutional terrain of contemporary Europe. In addition, it is essential to explore other threads of normative authority within and across states, embracing internal challenges to state-level constitutional regimes; the growing jurisprudential assertiveness of the Council of Europe regime through the ECHR and various democracy-building measures; as well as Europe's ever thicker relations, both with its border regions and with broader international institutions, especially those of the United Nations. Together these developments create increasingly dense networks of constitutional authority within the European space. This fluid and multi-dimensional dynamic is difficult to classify, and indeed may seem in many ways impenetrable, but that makes the explanatory challenge all the more important and pressing. Without this fuller picture it becomes impossible to understand the legal context of Europe today or the prospects of ongoing changes. The book brings together a range of experts in law, legal theory and political science from across Europe in order to address these complex issues and to supply illustrative case-studies in the topical areas of the constitutionalisation of European labour law and European criminal law

Contents:

Introduction : a constitutional mosaic? : exploring the new frontiers of Europe's constitutionalism

Neil Walker and Stephen Tierney

Pt. 1. The European Union

The European Union's constitutional mosaic : big "C" or small "c", is that the question?

Cormac Mac Amhlaigh

An area of darkness : three conceptions of the relationship between European Union law and state constitutional law

Julio Baquero Cruz

Pt. 2. The European convention on human rights

Burying, not praising the European Convention on Human Rights : a provocation

Andrew Williams

Europe's constitutional mosaic : human rights in the European legal space : utopia, dystopia, monotopia, or polytopia?

Sionaidh Douglas-Scott

Pt. 3. The constitutional mosaic across the borders of the European Union : citizenship regimes in the new states of South Eastern Europe

Jo Shaw

The Council of Europe as a norm entrepreneur : the political strengths of a weak international institution

Gwendolyn Sasse

Pt. 4. Recognition as domination : constitutionalism, reciprocity and the problem of singularity

Hans Lindahl

Liberal democracy's Timber is still too straight : the case of political models for coexistence in composite states

Ferran Requejo

Pt. 5. Europe and the world

The constitutionalisation of international organisations

Anne Peters

The European Union in the global constitutional mosaic

Jan Klabbers

Pt. 6. Other case studies

European criminal law under the developing constitutional setting of the European Union

Kimmo Nuotio

The constitutional function of labour law in the European Union

Ruth Dukes.

Notes:

Description based upon print version of record.

Includes bibliographical references (pages [363]-381) and index.

ISBN:

9786613340221

9781847317865

1847317863

9781472565594

1472565592

9781283340229

1283340224

9781847316585

1847316581

OCLC:

780425690