Constitutional Pluralism in the European Union and Beyond

Constitutional Pluralism in the European Union and Beyond

by Matej Avbelj, Jan Komárek

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Overview

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.

Product Details

ISBN-13: 9781847318923
Publisher: Bloomsbury Publishing
Publication date: 02/29/2012
Series: Studies of the Oxford Institute of European and Comparative Law
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 452
File size: 2 MB

About the Author

Matej Avbelj is an Assistant Professor of European Law, Graduate School of Government and European Studies, Slovenia.
Jan Komárek is a Lecturer in EU law at the London School of Economics.
Matej Avbelj is Associate Professor of European Law at the Graduate School of Government and European Studies, Nova Univerza, Slovenia.

Table of Contents

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

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