European Constitutionalism

Author: Kaarlo Tuori
Publisher: Cambridge University Press
ISBN: 9781316300039
Release Date: 2015-07-16
Genre: Law

European Constitutionalism redraws the perimeters in the debate on the nature of the European constitution. Offering a fresh approach to both doctrinal and theoretical issues, this book discusses general characteristics of the European constitution under the headings of relationality, perspectivism and discursiveness, and contains forays to sectoral constitutionalization in the micro- and macroeconomic, social and security dimensions. European constitutionalism must be examined in its interaction with Member State constitutionalism, which plays an essential role in channelling democratic legitimacy to the EU. Written by a leading expert in the field, this book will be of great interest to students and scholars alike.

The Transformation of EU Treaty Making

Author: Dermot Hodson
Publisher: Cambridge University Press
ISBN: 9781107112155
Release Date: 2018-07-31
Genre: Law

Investigates the struggle between governments, parliaments, the people and courts over who participates in EU treaty making.

The Transformation of Europe

Author: Miguel Poiares Maduro
Publisher: Cambridge University Press
ISBN: 9781107157941
Release Date: 2017-09-30
Genre: Law

Joseph Weiler's The Transformation of Europe is one of the most influential works in the history of European studies. Twenty-five years after its original publication, this new collection of essays pays tribute to Weiler's legacy by discussing some of the most pressing issues in contemporary European Union law, policy and constitutionalism. The book does not intend to be a simple expression of intellectual esteem for Weiler's seminal work; instead, the collection honours it by critically engaging with some of its assumptions and theses. Overall, it shows how a study of 1991 can still be fundamental to the present and future of the EU, including the challenges of Brexit and Eurozone crises.

European Constitutionalism Beyond the State

Author: Marlene Wind
Publisher: Cambridge University Press
ISBN: 0521796717
Release Date: 2003-09-04
Genre: Law

Some of the most innovative scholars in the field of European constitutionalism come together in this book to highlight different facets of the new constitutional discussion. Provoking deep analysis of the different ideas of constitution and cons titutionalism, it delineates new ways of thinking about the future of Europe. In particular, it aims to challenge the idea of the European Union as an evolving federal polity. This book will appeal to anyone interested in the timely subject of constitutionalism including student and practitioners of law, politics and philosophy.

The Lisbon Treaty

Author: Jean-Claude Piris
Publisher: Cambridge University Press
ISBN: 9780521197922
Release Date: 2010-06-17
Genre: Law

This series aims to produce original works which contain a critical analysis of the state of the law in particular areas of European Law and Set out different perspectives and suggestions for its future development. It also aims to encourage a range of work on law, legal institutions and legal phenomena in Europe, including `law in context' approaches. The titles in the series will be of interest to academics; policymakers; policy formers who are interested in European legal, commercial and political affairs; practising lawyers including the judiciary; and advanced law students and researchers. Given the controversies and difficulties which preceded the coming into force of the Lisbon Treaty, it is easy to forget that the Treaty is a complex legal document in need of detailed analysis for its impact to be fully understood. Jean-Claude Piris, the Director-General of the Legal Service of the Council of the European Union (EU), provides such an analysis, looking at the historical and political contexts of the Treaty, its impact on the democratic framework of the EU and its provisions in relation to substantive law. Impartial legal analysis of the EU's functions, its powers and the treaties which govern it make this the seminal text on the most significant recent development in EU law. Since 1988, Jean-Claude Piris has served as the Legal Counsel of the Council of the EU and Director-General of its Legal Service. He is an Honorary Counsellor of State of France, a former diplomat at the UN and the former Director of Legal Affairs of the OECD. He was the Legal Advisor of the Successive Intergovernmental conferences which negotiated and adopted the treaties of Maastricht in 1992, Amsterdam in 1997 and Nice in 2001, the constitutional Treaty signed in Rome in 2004 and, finally, the Lisbon Treaty in 2007.

Global Constitutionalism from European and East Asian Perspectives

Author: Takao Suami
Publisher: Cambridge University Press
ISBN: 1108417116
Release Date: 2018-09-30
Genre: Law

Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits our times.

Transnational Constitutionalism

Author: Nicholas Tsagourias
Publisher: Cambridge University Press
ISBN: 9781139464680
Release Date: 2007-07-19
Genre: Law

An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

Brokering Europe

Author: Antoine Vauchez
Publisher: Cambridge University Press
ISBN: 9781107042360
Release Date: 2015-02-26
Genre: Law

A new historical and sociological account for the broad definitional power of law in the European Union polity.

The Lisbon Treaty

Author: Stefan Griller
Publisher: Springer
ISBN: 3211100911
Release Date: 2010-12-09
Genre: Law

Immediately after the rejection of the Constitutional Treaty in France and in the Netherlands, I was tempted not to comply with a contract according to which I was expected to write on the Eu- pean Constitution within a very close deadline. “What is the sense of it now?” I tried to argue. “I cannot be obliged by a contract wi- out an object”. I was wrong at that time and we would be equally wrong now, should we read the Irish vote on the Lisbon Treaty and the Lisbon Treaty itself as the dead end for European constitutionalism. Let us never forget that the text rejected in May 2005 was not the founding act of such constitutionalism. To the contrary, it was nothing more than a remarkable passage in a long history of constitutional dev- opments that have been occurring since the early years of the Eu- pean Community. All of us know that the Court of Justice spoke of a European constitutional order already in 1964, when the primacy of Community law was asserted in the areas conferred from the States to the European jurisdiction. We also know that in the pre- ous year the Court had read in the Treaty the justiciable right of any European citizen to challenge her own national State for omitted or distorted compliance with European rules.

The End of the Eurocrats Dream

Author: Damian Chalmers
Publisher: Cambridge University Press
ISBN: 9781316598467
Release Date: 2016-03-18
Genre: Law

This volume argues that the crisis of the European Union is not merely a fiscal crisis but reveals and amplifies deeper flaws in the structure of the EU itself. It is a multidimensional crisis of the economic, legal and political cornerstones of European integration and marks the end of the technocratic mode of integration which has been dominant since the 1950s. The EU has a weak political and administrative centre, relies excessively on governance by law, is challenged by increasing heterogeneity and displays increasingly interlocked levels of government. During the crisis, it has become more and more asymmetrical and has intervened massively in domestic economic and legal systems. A team of economists, lawyers, philosophers and political scientists analyze these deeper dimensions of the European crisis from a broader theoretical perspective with a view towards contributing to a better understanding and shaping the trajectory of the EU.

Essentials of EU Law

Author: August Reinisch
Publisher: Cambridge University Press
ISBN: 9781107025660
Release Date: 2012-08-30
Genre: Law

Rev. ed. of: Essential questions in EU law. c2009.

Transnational Law

Author: Miguel Maduro
Publisher: Cambridge University Press
ISBN: 9781107028319
Release Date: 2014-05-01
Genre: Law

Examination of the effects of law's de-nationalisation by placing European law in the context of transnational law.

The European Convention on Human Rights

Author: Steven Greer
Publisher: Cambridge University Press
ISBN: 9781139461962
Release Date: 2006-11-30
Genre: Law

This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.

European Union Law

Author: Steve Peers
Publisher: Oxford University Press
ISBN: 9780198789130
Release Date: 2017-07-31
Genre: Law

Edited by Catherine Barnard and Steve Peers, European Union Law draws together a range of perspectives from experienced academics, teachers and practitioners to provide a comprehensive introduction to EU law. Each chapter has been written and updated by an expert in the field to provide students with access to a broad range of ideas while offering a solid foundation in the institutional and substantive law of the EU. Written by experts, designed for students; every chapter ensures a balance of accessible explanation and critical detail. Case studies are included throughout the book to enable students to understand the context and implications of EU law, as well as helping to familiarize them with some of the most significant caselaw in the area. Quotations and examples from key EU legislation and academic sources are also included to help develop an understanding of EU law, while further reading suggestions for each chapter act as a springboard for further study and assessment preparation. This text provides a fresh and modern guide to EU law and is an ideal entry-point for students new to the subject as well as those looking to develop their understanding of EU law. As the process of the UK leaving the EU unfolds, readers can also visit the OUP European Union Law Resource Centre for up-to-date comment, opinion, and updates created by our authors to engage students with the legal and political issues and considerations at play.