Europe's Functional Constitution Pdf Book

Europe's Functional Constitution

  • Author : Turkuler Isiksel
  • ISBN : 0191076872
  • Category : Law
  • Publisher : Oxford University Press
  • Pages : 280
  • Release Date : 2016-05-26

Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of 'functional constitutionalism' to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.

Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitut ... ...

GET BOOK

This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplina ... ...

GET BOOK

The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law. It aims to provide a f ... ...

GET BOOK

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasi ... ...

GET BOOK

Brexit will have significant consequences for the country, for Europe, and for global order. And yet much discussion of Brexit in the UK has focused on the causes of the vote and on its consequences for the future of British ... ...

GET BOOK

This book offers a new account of modern European constitutionalism. It uses the Irish constitutional order to demonstrate that, right across the European Union, the national constitution can no longer be understood on its ow ... ...

GET BOOK

The hidden federal features of the European Union help explain the challenges of legitimacy, democracy and freedom that face an unfinished political community. Ideas about federalism and the reality of existing federal states ... ...

GET BOOK

The aim of this publication is an analysis of the process of European constitutionalisation and its entanglement with relevant national discourses. Thus, national constitutional traditions in Austria, France, Germany and the ... ...

GET BOOK

Despite western Europe’s traditional disdain for the United States’ “adversarial legalism,” the European Union is shifting toward a similar approach to the law, according to Daniel Kelemen. Coining the term “euroleg ... ...

GET BOOK

The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the E ... ...

GET BOOK

Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective chang ... ...

GET BOOK

This collection is the most comprehensive account of the Fundamental Law and its underlying principles. The objective is to analyze this constitutional transition from the perspectives of comparative constitutional law, legal ... ...

GET BOOK

The book contains 24 contributions from European law scholars and practitioners analysing the constitutional basis of the European Union and the normative orientation of the Common Foreign and Security Policy (CFSP) as well a ... ...

GET BOOK

Liberal left orthodoxy holds that Brexit is a disastrous coup, orchestrated by the hard right and fuelled by xenophobia, which will break up the Union and turn what’s left of Britain into a neoliberal dystopia. Richard Tuck ... ...

GET BOOK

Europe is in crisis. With rising unrest among citizens of EU member states exemplified by the UK's decision to leave the EU, and the growing popularity of anti-EU political parties, Dieter Grimm presents the argument that Eur ... ...

GET BOOK

From the start of the European integration process, one question has puzzled scholars: what type of political association is the European Union? In absence of an agreed upon response, most scholars have suggested that the Eur ... ...

GET BOOK

The Turkish experience in constitution-making can be described as a series of missed opportunities to create political institutions based on broad consensus. None of the three republican constitutions (those of 1924, 1961, an ... ...

GET BOOK

The authors of this book approach the emergence and endurance of the populist nationalism in post-socialist Eastern Europe, with special emphasis on Hungary. They attempt to understand the reasons behind public discourses tha ... ...

GET BOOK

This book examines the language policies relating to linguistic rights in European Union law and in the constitutions and legal statutes of some European Union member states. In recent years, the European Union has seen an in ... ...

GET BOOK

This book offers a compelling and persuasive framework for understanding the German constitutional system. It argues that it can only be fully understood as a dual structure combining two layers with little in common. The fir ... ...

GET BOOK

This book presents the very first, interdisciplinarily grounded, comprehensive appraisal of a future “Common European Law on Investment Screening”. Thereby, it provides a foundation for a European administrative law frame ... ...

GET BOOK

Under pressure from globalisation, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postnational legal order. The typ ... ...

GET BOOK

The second of two volumes, this book situates the drafting of the Irish Constitution within broader transnational constitutional currents. Donal K. Coffey pioneers a new method of draft sequencing in order to track early infl ... ...

GET BOOK

This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspec ... ...

GET BOOK

In quantity and importance, private standards are rapidly taking over the role of public norms in the international and national regulation of product safety. This book provides a comprehensive overview of the rise, role and ... ...

GET BOOK

This book traces the connections between diverging postwar European integration policies and intra-Christian divisions to argue that supranational integration originates from Roman Catholic internationalism, and that resistan ... ...

GET BOOK

The European Union is at a crossroads. Slowly recovering from a series of financial and economic crises, with trust fundamentally shaken by processes of disaggregation and increasingly nationalist politics, it is searching fo ... ...

GET BOOK

In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a know ... ...

GET BOOK

This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, dr ... ...

GET BOOK

This title recounts the transformation of Europe from the post-war era until the Euro-crisis, using the tools of constitutional analysis and critical theory. The central claim is twofold: Europe has been gradually reconstitut ... ...

GET BOOK

In this insightful book, Massimo Fichera provides an original account of European integration as a process. He argues that European constitutionalism has been informed from its earliest stages by a meta-rationale, which is ex ... ...

GET BOOK

The euro crisis, rising Euroscepticism, and Brexit have once again highlighted the European Union's unresolved legitimacy deficit. Increasingly, citizens claim to have been illegitimately excluded from decisions about the fut ... ...

GET BOOK

Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in the foundations of Western modernity, such as ... ...

GET BOOK

This book provides an original, international and multidisciplinary perspective on the recent and extensive political and constitutional changes in Europe. The contributors cover changes from several key European countries, w ... ...

GET BOOK

Addresses a critical analysis of major media policies in the European Union and Council of Europe at the period of profound changes affecting both media environments and use, as well as the logic of media policy-making and re ... ...

GET BOOK

This textbook provides an explanatory and contextual view of EU law and its impact in a simple and easily accessible yet analytical manner. It illustrates the power struggles behind a given EU law act, to allow for full under ... ...

GET BOOK

This volume examines what the concept of ideology can add to our understanding of the European Union, and the way in which the process of European integration has inflected the ideological battles that define contemporary Eur ... ...

GET BOOK

Prominent in the EU's recent transformations has been the tendency to advance extraordinary measures in the name of crisis response. From emergency lending to macro-economics, border management to Brexit, policies are pursued ... ...

GET BOOK

Critical theory, characteristically linked with the politics of theoretical engagement, covers the manifold of the connections between theory and praxis. This thought-provoking Research Handbook captures the broad range of th ... ...

GET BOOK

This open access book raises crucial questions about the citizenship of the European Union. Is it a new citizenship beyond the nation-state although it is derived from Member State nationality? Who should get it? What rights ... ...

GET BOOK