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Constitutional Pluralism in the European Union and Beyond UK ed. Edition
Author(s): Matej Avbelj (Author, Editor), Jan Komárek (Author, Editor)
- Publisher: Hart Publishing
- Publication Date: 29 Feb. 2012
- Edition: UK ed.
- Language: English
- Print length: 452 pages
- ISBN-10: 1849461252
- ISBN-13: 9781849461252
Book Description
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.
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.
Editorial Reviews
Review
…an impressive collection of essays gathering some of the most important names in the field of European constitutional law.
…fundamental reading to those who wish to deal with constitutional theories of European integration (not only with constitutional pluralism as such, since it gives voice even to the sceptics or discontents of constitutional pluralism) and its purchase has to be recommended definitively. –European Law Review, Volume 38(3), Giuseppe Martinico
The reader should not expect ready-made answers from this book. The strength of this anthology lies rather in the fact that it helps to identify problems and issues, leading to a better understanding of national processes and debates in Eastern as well as Western Europe. –Jahrbuch für Ostrecht, 2012/2, Prof. Dr. Herbert Küpper
About the Author
Matej Avbelj is an Assistant Professor of European Law, Graduate School of Government and European Studies, Slovenia.
Jan Komárek is a Lecturer in EU law at the London School of Economics.
Jan Komárek is a Lecturer in EU law at the London School of Economics.
