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The Eurosceptic mobilization of constitutional law Pablo Castillo-Ortiz, Giuseppe Martinico

Oxford Scholarship Online: Law Available online

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Format:
Book
Author/Creator:
Castillo Ortiz, Pablo José, author.
Martinico, Giuseppe, author.
Series:
Oxford studies in European law
Language:
English
Subjects (All):
Constitutional law--Europe.
Constitutional law.
Legal polycentricity--Europe.
Legal polycentricity.
Europe.
Physical Description:
1 online resource
Place of Publication:
Oxford University Press, 2026.
Oxford New York, NY Oxford University Press [2026]
Summary:
European integration stands at a critical juncture, with Euroscepticism more widespread than ever. The Eurosceptic Mobilisation of Constitutional Law offers the first comprehensive study of the mobilisation of constitutional law by Eurosceptic actors against the foundational principles of European integration. Drawing on constitutional theory, EU law, comparative public Law and the authors' expertise in Euroscepticism, this book introduces the concept of Eurosceptic constitutional counter-narratives: the strategic use of constitutional law to challenge European integration from within. Through four detailed case studies-covering the United Kingdom, Italy, Spain, and Poland-and cross-case empirical analysis, this book reveals how Eurosceptic actors construct and deploy these narratives within specific national contexts
Contents:
Cover
Half Title
Series
Title Page
Copyright Page
Dedication
Series Editors Preface
Preface and Acknowledgements
Brief Contents
Detailed Contents
1 Constitutionalism and Euroscepticism
1.1. Introduction
1.2. Constitutionalism and the Politics of the Eurosceptic Backlash against European Integration
1.3. Literature on Euroscepticism: A Weak Connection to Constitutional Studies?
1.4. Setting the Scene: The Importance of Post-WWII Constitutionalism
1.5. What Do We Mean by Constitutional Openness?
1.6. Constitutional Openness in the Waves of European Constitutionalism
1.7. Structure and Content of this Book
2 Mobilizing National Constitutional Law for Eurosceptic Purposes
2.1. Introduction
2.2. Eurosceptic Mobilization of Constitutional law as Constitutional Counter-Narrative
2.2.1. An exclusionary version of the demos
2.2.2. Constitution, sovereignty, and identity
2.2.3. Constitutional supremacy against European integration
2.3. The Eurosceptic Use of Constitutional Law as a Stance in European Judicial Politics
2.3.1. Rejecting the European courts and their authority
2.3.2. Instrumentalizing national constitutional institutions
2.4. The Eurosceptic Mobilization of Constitutional Law as a Party-Political Strategy
2.4.1. Mobilizing constitutional law and its reputation
2.4.2. The Eurosceptic mobilization of constitutional law and the exit strategy
2.5. Conclusion: A True Challenge for European Integration
3 Constitutional Law and Euroscepticism: A Comparative Analysis
3.1. Introduction
3.2. Constitutional Law versus European Integration in Election Manifestos
3.3. Theories and Hypotheses
3.3.1. Scepticism about constitutional review as a strategy for successful Eurosceptic parties
3.3.2. The Euro-crisis as a constraining opportunity for populist radical Eurosceptic parties
3.3.3. Party competition
3.4. Design and Methods
3.5. Analysis
3.5.1. Analysis of necessary conditions
3.5.2. Analysis of sufficient conditions for the presence of the outcome
3.5.3. Analysis of sufficient conditions for the absence of the outcome
3.6. Eurosceptic Mobilization of Constitutional Law Beyond the Right-wing Eurosceptic Parties of the EU-15
3.7. Conclusion
4 The UK: Constitutional Law and Euroscepticism in the Country of Brexit
4.1. Introduction
4.2. UK Constitutional Law and European Integration
4.3. Eurosceptic Mobilization of Constitutional Law in UK Parties
4.3.1. Undermining our democracy? The European Union as a threat to the British Constitution
4.3.2. The last word on human rights: The European Court of Human Rights and the controversy around the HRA 1998
4.4. Eurosceptic Constitutional Counter-narratives in UK Academia
4.5. The Eurosceptic Mobilization of Constitutional Law in the UK: A Critique
Notes:
Includes bibliographical references and index
Description based on online resource; title from digital title page (viewed on April 23, 2026)
Other Format:
Print version :
ISBN:
9780198959205
0198959206
9780198959182
0198959184
OCLC:
1573358105
Access Restriction:
Restricted for use by site license

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