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.

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Yes, you can access Constitutional Pluralism in the European Union and Beyond by Matej Avbelj, Jan Komárek, Matej Avbelj, Jan Komárek in PDF and/or ePUB format, as well as other popular books in Law & Public Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher

Hart Publishing

Year

2012

ISBN

9781847318916

Edition

Topic

Law

Subtopic

Public Law

Index

Law

Cover
Prelims
Preface
Contents
List of Contributors
Table of Cases
Table of Legislation
1. Introduction
2. Constitutionalism and Pluralism in Global Context
3. Rethinking Constitutional Authority: On the Structure and Limits of Constitutional Pluralism
4. Three Claims of Constitutional Pluralism
5. Systems Pluralism and Institutional Pluralism in Constitutional Law: National, Supranational and Global Governance
6. Multilevel Constitutionalism and Constitutional Pluralism
7. The Fallacy of European Multilevel Constitutionalism
8. Federalism as Constitutional Pluralism: 'Letter from America'
9. Out with the New, in the the Old - Neo-Roman Constitutional Thought and the Enigma of Constitutional Pluralism in the EU
10. Institutional Dimension of Consitutional Pluralism
11. Legal Pluralism and Institutional Disobedience in the European Union
12. Constitutional Disagreement in Europe and the Search for Pluralism
13. The Silent Lamb and the Deaf Wolves
14. Constitutional Dialogues, Pluralism and Conflicting Identities
15. Monism: A Tale of the Undead
16. Can European Integration be Constitutional and Pluralist - Both at the Same Time?
Index