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Constitutional Pluralism in the EU

«This is an important and tremendously useful book...[It] does two things: it maps, it puts order, it classifies - not a mean achievement; but, in addition, it develops the author's own take, his own voice in the debate which, being informed by the various strands, constitutes a coherent defence of the entire 'movement' ...Everyone should read this book.»

Joseph H.H. Weiler, The European Journal of International Law

Where does the law and political power of any given territory come from? Until recently it was believed that it came from a single and hierarchical source of constitutional authority, a sovereign people and their constitution. Les mer

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Where does the law and political power of any given territory come from? Until recently it was believed that it came from a single and hierarchical source of constitutional authority, a sovereign people and their constitution. However, how can this model account for the new Europe? Where state constitutions and the European Constitution, which are ultimately equally self-standing sources of constitutional authority, overlap heterarchically over a shared piece of
territory.

Constitutional pluralism is a new branch within constitutional thought that argues sovereignty is no longer the accurate and normatively superior constitutional foundation. It instead replaces this thought with its own foundation. It emerged on the basis of contributions by the leading EU constitutionalists and has now become the most dominant branch of European constitutional thought. Its claims have also overstepped the European context, suggesting that it offers historic advantages for
further development of the idea of constitutionalism and world order as such.

This book offers the first overarching examination of constitutional pluralism.Comprehensively mapping out the leading contributions to date and solving the complicated labyrinth they currently form, Klemen Jaklic offers a complete assessment against existing and new criticisms while elaborating his own original vision. Constitutional pluralism thus refined has the potential to rightfully be considered the superior new approach within constitutional thought.

Detaljer

Forlag
Oxford University Press
Innbinding
Innbundet
Språk
Engelsk
ISBN
9780198703228
Utgivelsesår
2014
Format
24 x 16 cm

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«This is an important and tremendously useful book...[It] does two things: it maps, it puts order, it classifies - not a mean achievement; but, in addition, it develops the author's own take, his own voice in the debate which, being informed by the various strands, constitutes a coherent defence of the entire 'movement' ...Everyone should read this book.»

Joseph H.H. Weiler, The European Journal of International Law

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