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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
The book investigates the concept of constitutional pluralism and its implications for the European Union and global governance. It examines the growing scholarly interest in constitutionalism emerging beyond state borders, particularly within the EU and international regimes like the WTO and human rights protection systems. The work also addresses critiques questioning its compatibility with the nature of law and constitutionalism, with contributions from both proponents and opponents of the concept, including established figures and emerging academics.
The book collects diverse perspectives on constitutional pluralism, a concept that has gained significant traction among scholars of European integration and global governance. While some contributions defend and promote the idea of constitutionalism emerging beyond state borders, others critically examine its compatibility with the fundamental nature of law and its associated values. The inclusion of both 'founding fathers' of the concept and emerging academics offers a comprehensive overview of current scholarship, enriching the understanding of constitutional pluralism's theoretical and practical dimensions.
Page Count:
424
Publication Date:
2012-01-01
ISBN-10:
1849461252
ISBN-13:
9781849461252
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