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Europe's Functional Constitution

Europe's Functional Constitution PDF Author: Turkuler Isiksel
Publisher: Oxford University Press
ISBN: 019875907X
Category : Law
Languages : en
Pages : 305

Book Description
Through a critical appraisal of the European Union and its legal system, this book evaluates the extent to which constitutionalism as an empirical idea and normative ideal can be adapted to institutions beyond the state.

Europe's Functional Constitution

Europe's Functional Constitution PDF Author: Turkuler Isiksel
Publisher: Oxford University Press
ISBN: 019875907X
Category : Law
Languages : en
Pages : 305

Book Description
Through a critical appraisal of the European Union and its legal system, this book evaluates the extent to which constitutionalism as an empirical idea and normative ideal can be adapted to institutions beyond the state.

The Many Constitutions of Europe

The Many Constitutions of Europe PDF Author: Suvi Sankari
Publisher: Routledge
ISBN: 1317024494
Category : Law
Languages : en
Pages : 298

Book Description
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 disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.

European and US Constitutionalism

European and US Constitutionalism PDF Author: Georg Nolte
Publisher: Council of Europe
ISBN: 9287157138
Category : Political Science
Languages : en
Pages : 257

Book Description
This book compiles the papers and comments delivered at the Confârence on "European and American constitutionaism" which took place in Gèttingen in 2003. Through topics like freedom of speech, human dignity, the protective function of the state, adjudication and democracy and international influences, the conference papers identify salient features of the constitutional systems on both sides of the Atlantic and address recent developments following the end of the soviet era in eastern Europe and the terrorists attacks of 11 September 2001.

The Constitution of European Democracy

The Constitution of European Democracy PDF Author: Dieter Grimm
Publisher: Oxford University Press
ISBN: 0192527436
Category : Law
Languages : en
Pages : 175

Book Description
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 Europe has to change its method of further integration or risks failure. This book, containing essays many of which have not been published in the English language to date, explores how the EU has become over-constitutionalized. Grimm argues that this has left the EU with a democratic deficit leading to the alienation of citizens. This book highlights Europe's democracy problem. The most prominent argument running throughout is that the EU and its decision-making processes have become over-constitutionalized. This is due to the constitutionalization of European treaties, which has occurred by raising them to the eminence of a constitution as a result of the jurisprudence of the European Court of Justice. However, the treaties contain provisions that would be ordinary law in member states. The fact that they enjoy constitutional status in Europe detaches them from the democratic processes in the member states and the EU itself, and contributes to the growing independence of the EU's executive and judicial institutions. The book also asserts that currently the EU does not have enough sources of legitimation to uphold itself, surviving solely on the legitimation provided by member states. One popular remedy is the suggestion of 'parliamentarization' of the EU, giving the European Parliament the powers typically possessed by national parliaments as a means of heightening its legitimation. This is criticized by Grimm as expanding the Parliament's powers would not change the effects of over-constiutionalization as the Parliament is inferior to the constitution. In order to reduce the EU's legitimacy deficit, Grimm makes several recommendations. The repoliticization of the decision-making processes, which can be achieved by reducing treaties to the capacity necessary for their constitutional function; the reinvigoration of European Parliament elections, by having 'Europeanized' parties to increase engagement with European society and give voters the opportunity to more immediately influence European politics; and a new division of powers based on subject matter to restrain European expansionism, reserving particular areas of policy to the responsibility of member states even if this affects the common market.

European Constitutionalism Beyond the State

European Constitutionalism Beyond the State PDF Author: J. H. H. Weiler
Publisher: Cambridge University Press
ISBN: 9780521796712
Category : Law
Languages : en
Pages : 256

Book Description
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.

The Constitution for Europe

The Constitution for Europe PDF Author: Jean-Claude Piris
Publisher: Cambridge University Press
ISBN: 9780521682183
Category : Law
Languages : en
Pages : 300

Book Description
Publisher Description

The Constitution of Europe

The Constitution of Europe PDF Author: Joseph Weiler
Publisher: Cambridge University Press
ISBN: 9780521585675
Category : Law
Languages : en
Pages : 384

Book Description
Joseph Weiler presents essays written during the 1990s on issues related to European constitutional law. In a series of highly accessible discussions concerning the legal framework of the European Communities and the European Union, Professor Weiler describes the gradual strengthening of transnational European institutions at the expense of national legislators. Although individuals as legal consumers have been empowered by Community law, he writes, this has been at the expense of their rights as citizens. The Constitution of Europe thus provides from a legal perspective a balanced and authoritative critique of the attractions and demerits of the goal of European integration.

The Making of a European Constitution

The Making of a European Constitution PDF Author: Michelle Everson
Publisher: Routledge
ISBN: 1134070675
Category : Law
Languages : en
Pages : 257

Book Description
Introduction -- Constitutional mo(u)rning -- Retelling the legal integration story -- Forgetting law -- Adjudicating non-authoritative law -- Constitutionalising the institutional balance of powers -- The principled judicial mechanics of constitutional morphogenesis -- Constitutionalism beyond constitutions.

Political Theory and the European Constitution

Political Theory and the European Constitution PDF Author: Lynn Dobson
Publisher: Routledge
ISBN: 1134297041
Category : Political Science
Languages : en
Pages : 256

Book Description
In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory. The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders: * European values, especially the legitimate role of alleged common values * liberty and powers - how does the draft Constitution address competing normative preferences? * the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.

The Constitution for Europe

The Constitution for Europe PDF Author: Marcel Kielhorn
Publisher: LIT Verlag Münster
ISBN: 9783825887568
Category : Political Science
Languages : en
Pages : 142

Book Description
A Constitution for Europe: Why do we need it? Is it really better than the current treaty-based system? Which difficulties faces the ratification process? This book answers these questions and provides an analysis of the Treaty establishing a Constitution for Europe. It visualizes the huge importance of the document for a working EU, emphasizes the prospects of a really unified continent and shows that Europe as well as the EU stands at the crossroads of its future fate. Hopefully, its politicians and people do not decide to turn into a blind alley.