Download or read book Euroconstitutionalism and its Discontents written by Oliver Gerstenberg and published by Oxford University Press. This book was released on 2018-11-30 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. This book challenges the common view that constitutionalization means de-politicization. It argues that courts can exert a more indirect, creative, and agenda-setting role in the process of an ongoing clarification of the meaning of a right. The CJEU and the ECtHR - as courts beyond the nation state - are able to constructively re-open and re-politicize controversies that may appear settled at the national level in their constitutionalizing jurisprudence. And, crucially, our understanding of shared European constitutional principles is itself subject to revision and reconsideration as we accumulate experiences of dealing with diverse national contexts. By examining the jurisprudence of the CJEU and the ECtHR, the book demonstrates that in domain after domain, ranging from the protection of the vulnerable in the European social market to the guarantee of freedom of conscience, which in Europe emerged after many centuries of religious persecution, both courts can enhance and deepen democracy and thereby encourage the liberal project of constitutionalism beyond the state. Over time, once interpretive answers have become established in practice, courts can then move towards stronger forms of judicial intervention that consolidate best practice. It is this democratic and experimental process which lies at the heart of the distinctive model of contemporary Euroconstitutionalism.
Download or read book Europe s Functional Constitution written by Turkuler Isiksel and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Euroconstitutionalism and Its Discontents written by Oliver Gerstenberg and published by Oxford University Press (UK). This book was released on 2018 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. This book challenges the common view that constitutionalization means de-politicization. It argues that courts can exert a more indirect, creative, and agenda-setting role in the process of an ongoing clarification of the meaning of a right. The CJEU and the ECtHR - as courts beyond the nation state - are able to constructively re-open and re-politicize controversies that may appear settled at the national level in their constitutionalizing jurisprudence. And, crucially, our understanding of shared European constitutional principles is itself subject to revision and reconsideration as we accumulate experiences of dealing with diverse national contexts. By examining the jurisprudence of the CJEU and the ECtHR, the book demonstrates that in domain after domain, ranging from the protection of the vulnerable in the European social market to the guarantee of freedom of conscience, which in Europe emerged after many centuries of religious persecution, both courts can enhance and deepen democracy and thereby encourage the liberal project of constitutionalism beyond the state. Over time, once interpretive answers have become established in practice, courts can then move towards stronger forms of judicial intervention that consolidate best practice. It is this democratic and experimental process which lies at the heart of the distinctive model of contemporary Euroconstitutionalism.
Download or read book The Politics of European Legal Research written by Bartl, Marija and published by Edward Elgar Publishing. This book was released on 2022-04-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.
Download or read book EU Law of Economic Monetary Union written by Fabian Amtenbrink and published by Oxford University Press. This book was released on 2020-05-21 with total page 1649 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a sweeping analysis of the legal foundations, institutions, and substantive legal issues in EU monetary integration, The EU Law of Economic and Monetary Union serves as an authoritative reference on the legal framework of European economic and monetary union. The book opens by setting out the broader contexts for the European project - historical, economic, political, and regarding the international framework. It goes on to examine the constitutional architecture of EMU; the main institutions and their legal powers; the core legal provisions of monetary and economic union; and the relationship of EMU with EU financial market and banking regulation. The concluding section analyses the current EMU crisis and the main avenues of future reform.
Download or read book Social Rights and the European Monetary Union written by González Pascual, Maribel and published by Edward Elgar Publishing. This book was released on 2022-10-20 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book examines the state of the European Monetary Union (EMU) and its shortcomings in terms of social rights protection in the context of the COVID-19 pandemic and the aftermath of the Euro crisis. Providing a critical analysis of the basic tenets of European economic governance, it highlights current challenges for a Social Europe and proposes new avenues for tackling these issues.
Download or read book Constituent Power in the European Union written by Markus Patberg and published by Oxford University Press, USA. This book was released on 2021-01-03 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.
Download or read book Postnational Constitutionalism written by Paul Linden-Retek and published by Oxford University Press. This book was released on 2023 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Develops a critical theory of postnational constitutionalism at a time when the project of integrating Europe's peoples through the rule of law is faltering. Spanning many bodies of EU jurisprudence, Linden-Retek devotes specific attention to migration and asylum--struggles where questions of solidarity and belonging are most acute.
Download or read book The Cultural Defense of Nations written by Liav Orgad and published by Oxford University Press. This book was released on 2015 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing one of the greatest challenges facing liberalism today, this book asks if is it legally and morally defensible for a liberal state to restrict immigration in order to preserve the cultural rights of majority groups. Orgad proposes a liberal approach to this dilemma and explores its dimensions, justifications, and limitations.
Download or read book The EU and Constitutional Time written by Massimo Fichera and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions and contradictions of European constitutionalism using the lens of constitutional time.
Download or read book The Foundations and Future of Public Law written by Elizabeth Fisher and published by Oxford University Press. This book was released on 2020-01-30 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.
Download or read book The Constitution of Social Democracy written by Alan Bogg and published by Bloomsbury Publishing. This book was released on 2020-07-09 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.
Download or read book Ideas that Matter written by Debra Satz and published by . This book was released on 2019 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume take off from themes in the work of eminent philosopher and political scientist Joshua Cohen. They center around three central ideas: democracy, confronting injustice, and formulating political principles and values in an interdependent world.
Download or read book Fundamental Labour Rights and the Constitution written by Giulia Frosecchi and published by Taylor & Francis. This book was released on 2023-07-05 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.
Download or read book Why Religious Freedom Matters for Democracy written by Myriam Hunter-Henin and published by Bloomsbury Publishing. This book was released on 2020-06-11 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the “accommodationist view”, which defers to religious requests, and the “analogous” view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.
Download or read book Authoritarian Liberalism and the Transformation of Modern Europe written by Michael A. Wilkinson and published by Oxford University Press. This book was released on 2021 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.
Download or read book Constitutionalism and the Paradox of Principles and Rules written by Marcelo Neves and published by Oxford University Press. This book was released on 2021 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.
