The Legitimacy of European Constitutional Orders : A Comparative Inquiry / Marco Dani, Marco Goldoni, and Agustín J. Menéndez, editors.

Format:

Book

Contributor:

Dani, Marco, editor.

Goldoni, Marco, editor.

Menéndez, Agustín José, editor.

Edward Elgar Publishing, publisher.

Language:

English

Subjects (All):

Constitutional law--European Union countries.

Constitutional law.

Europe--Politics and government--21st century.

Europe.

Physical Description:

1 online resource (342 pages)

Edition:

First edition.

Place of Publication:

Northampton : Edward Elgar Publishing, 2023.

Summary:

"The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, taking into consideration the national constitutional traditions of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the trajectories followed by European national constitutional orders in their efforts to attain legitimacy. More in particular, the book investigates Bruce Ackerman's influential world constitutionalism project and engages with the three legitimacy pathways put forward therein; that is, the revolutionary, the establishment, and the elite pathways. Such ideal trajectories are revisited and found in need of being questioned so as to furnish the conceptual tools essential in the efforts of reconstructing and assessing the European constitutional orders. The book also considers the relevance of constitutional transformation and change in comparative constitutional law, and accounts for the manifold impacts of the European integration process on national constitutional trajectories. Offering an original perspective on the issue of constitutional legitimacy in the European context, this comprehensive book will be of interest to scholars and students of comparative law, constitutional law, European law, political science and constitutional theory as well as researchers and practitioners in these fields"-- Provided by publisher.

Contents:

Front Matter

Copyright

Contents

Contributors

Acknowledgements

1. Treading alongside the legitimacy pathways: an introduction

PART I Questioning the Legitimacy Pathways Theory

2. The Democratic and Social Constitutional State as the paradigm of the post-World War II European constitutional experience

3. The concept of revolution as a key to comparison: Ackerman's 'Revolutionary Constitutions' and Gramsci's 'Passive Revolutions'

4. Constitutionalism in postwar Europe: revolutionary or counter-revolutionary?

PART II Questioning the Revolutionary Pathway

5. A republic of parties: the Italian constitutional order through the lenses of the constitutional regime

6. Portugal: from transformative to open constitutionalism

7. Is France (really) revolutionary?

PART III Questioning the Establishment Pathway

8. The British constitution in Ackerman's worldview: a critique

9. Constitutional pathways in Scandinavia

10. The elites, the people, and their court

11. Revolution and elite negotiations: deconstructing constitutional pathways in Hungary and Poland

PART IV Legitimacy Pathways and European Integration

12. The constitutionalization of European integration as a single, protracted 'constitutional moment' towards the establishment of EU final authority

13. Incompatible constitutional paths? Making (constitutional) sense of the existential crisis of the European Union

14. Afterword: European dilemmas

Index.

Notes:

Includes index.

Includes bibliographical references and index.

Creative Commons Attribution - NonCommercial - NoDerivatives 4.0 International CC BY-NC-ND 4.0 cc https://creativecommons.org/licenses/by-nc-nd/4.0/

Description based on print version record.

Other Format:

Print version: Dani, Marco The Legitimacy of European Constitutional Orders

ISBN:

9781803928890

1803928891