The Constitution s Gift

This authoritative study considers all aspects of the European Union's distinctive constitution since its inception.

Author: John Erik Fossum

Publisher: Rowman & Littlefield Publishers

ISBN: 9781442208575

Category: Political Science

Page: 314

View: 732


This authoritative study considers all aspects of the European Union's distinctive constitution since its inception. A unique political animal, the EU has given rise to important constitutional conundrums and paradoxes that the authors explore in detail. Their analysis illuminates the distinctive features of the Union's pluralist constitutional construct and provides the tools to understand the Union's development, especially during the Laeken (2001–2005) and Lisbon (2007–2009) processes of constitutional reform and spells out the parallels between the European and the Canadian constitutional experiences. Offering the first history of European constitutional law that is both theoretically informed and normatively grounded, the authors have developed an original theory of constitutional synthesis that will be essential reading for all readers interested in the process and theory of European integration.

The Constitutional Theory of the Federation and the European Union

In a federation, the legal order of the Union makes up a part of the Member States' own constitutions. ... The Constitution's Gift: A Constitutional Theory for a Democratic European Union (Rowman & Littlefield Publishers 2011).

Author: Signe Rehling Larsen

Publisher: Oxford University Press, USA

ISBN: 9780198859260

Category: Law

Page: 224

View: 664


This book departs from the 'statist' imagination by suggesting the EU is a federal union of states, or a federation. Dedicated to the constitutional theory of federalism, this book gives the strengths and weaknesses of a federation as a political form, its histories, and current perils for the EU.

The Politics of Crisis in Europe

“From Laeken to Lisbon: Moving Beyond Synthesis or Heightened Constitutional Ambiguity?” In The Constitution's Gift: A Constitutional Theory for a Democratic European Union. Lanham, MD: Rowman & Littlefield Publishers.

Author: Mai'a K. Davis Cross

Publisher: Cambridge University Press

ISBN: 9781108184113

Category: Political Science


View: 192


The Politics of Crisis in Europe explores the resilience of the European Union in the face of repeated crises perceived to threaten its very existence. While it is often observed after the fact that these crises serve as opportunities for integration, this is the first critical analysis to suggest that we cannot fully understand the nature and severity of these crises without recognising the role of societal reaction to events and the nature of social narratives about crisis, especially those advanced by the media. Through a close examination of the 2003 Iraq crisis, the 2005 constitutional crisis, and the 2010–12 Eurozone crisis, this book identifies a pattern across these episodes, demonstrating how narratives about crises provide the means to openly air underlying societal tensions that would otherwise remain under the surface, impeding further integration.

The Tangled Complexity of the EU Constitutional Process

1 For instance: J.E. Fossum and A.J. Menéndez, The Constitution's gift. A constitutional theory for a democratic European Union, Langham, MD: Rowman and Li lefield, 2010. I will devote some lines to their theory when dealing with the ...

Author: Giuseppe Martinico

Publisher: Taylor & Francis

ISBN: 9781000630695

Category: Law

Page: 238

View: 897


Offering a fresh view on the EU constitutionalisation process, the new edition of The Tangled Complexity of the EU Constitutional Process presents three main points: the idea of constitutional complexity, the tension between constitutional evolutionism and constitutional constructivism in the process of European integration, and the functional nature of conflicts in the evolution of the EU. Because of its prodigiousness, European law produces consternation among constitutionalists accustomed to traditional patterns of power. This book argues that while constitutional conflicts have frequently been depicted as elements of disturbance along the path towards legal coherence, they are physiological and might even be functional to the development of the European legal order, which should not be understood in a deterministic manner. The new edition will be of particular interest to academics and students in the disciplines of law, international relations, and political science.

Europe s Second Constitution

a process of European constitutional synthesis.134 Their proposal was that the EU, through the use of constitutional law, ... The Constitution's Gift: A Constitutional Theory for a Democratic European Union (Lanham, MD 2011) 45.

Author: Markus W. Gehring

Publisher: Cambridge University Press

ISBN: 9781108848985

Category: Law


View: 867


The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding light on these concerns, this book reveals a widespread misunderstanding of constitutional federalism, which permeates the Member State courts, popular media, and many academic communities. A failure to address confusion over this fundamental concept is leading us towards impoverished development of the EU's 'Second Constitution', and even ensuring that the role of both domestic and international European courts in enriching the constitutionalisation process is overlooked and undervalued. In a bid to avoid such consequences, this book explores how federalism and further constitutionalisation - rightly understood in a dialogue of the European courts - may actually change this process and allow a clearer advance toward Europe's Second Constitution for, but also with, the people of Europe.

Constituent Power in the European Union

The key to a more democratic mode of European integration lies in a theory of constituent power in the EU. ... The Constitution's Gift: A Constitutional Theory for a Democratic European Union (Rowman & Littlefield 2011); Gráinne De ...

Author: Markus Patberg

Publisher: Oxford University Press, USA

ISBN: 9780198845218

Category: Law

Page: 272

View: 745


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.

European Constitutional Language

This is not a general (or universal) constitutional theory in a geographic sense. ... Elemente einer Theorie der Verfassung Europas, Berlin, Duncker & Humblot 2001; Amaryllis Verhoeven, The European Union in Search of a Democratic ...

Author: András Jakab

Publisher: Cambridge University Press

ISBN: 9781316531365

Category: Law


View: 232


If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond.

Transformations of Democracy

John Erik Fossum and Agustín José Menéndez, The Constitution's Gift: A Constitutional Theory for a Democratic European Union (New York: Rowman & Littlefield, 2011), 175. 12. It is argued that, even if the Constitution of Luxembourg did ...

Author: Robin Celikates

Publisher: Rowman & Littlefield

ISBN: 9781783480906

Category: Political Science

Page: 290

View: 953


This book interrogates whether recent global protests and civil disobedience are transforming the way we understand contemporary democracy as an institutional system.

Self Constitution of European Society

Menéndez, The Constitution's Gift. A Constitutional Theory for a Democratic European Union (Plymouth, UK: Rowman, 2011). On the two basic ideas of a constitution (powerfounding versus powerlimiting), see Hauke Brunkhorst, Solidarity.

Author: Jiří Přibáň

Publisher: Routledge

ISBN: 9781317057512

Category: Law

Page: 346

View: 616


Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and pluralism and their juridical and political uses in the context of EU constitutionalism. Individual chapters emphasize the importance of interdisciplinary and socio-legal methods in the current research of EU constitutionalism and their potential to re-conceptualize and re-think traditional problems of constitutional subjects, limitation and separation of power, political symbolism and identity politics in Europe. This collection simultaneously describes the EU and its self-constitution as one polity, differentiated society and shared community and its contributors conceptualize the sense of common identity and solidarity in the context of the post-sovereign multitude of European society.

Constitutional Pluralism in the EU

Fossum J., with Menendez J., The Constitution's Gift: A Constitutional Theory for a Democratic European Union (Plymouth: Rowman and Littlefield Publishing, 2010). Foucault M., (A. Sheridan, tr.), The Order of Things: An Archaeology of ...

Author: Klemen Jaklic

Publisher: OUP Oxford

ISBN: 9780191008955

Category: Law

Page: 375

View: 531


Where does the law and political power of any given territory come from? Until recently it was believed that it came from a single and hierarchical source of constitutional authority, a sovereign people and their constitution. However, how can this model account for the new Europe? Where state constitutions and the European Constitution, which are ultimately equally self-standing sources of constitutional authority, overlap heterarchically over a shared piece of territory. Constitutional pluralism is a new branch within constitutional thought that argues sovereignty is no longer the accurate and normatively superior constitutional foundation. It instead replaces this thought with its own foundation. It emerged on the basis of contributions by the leading EU constitutionalists and has now become the most dominant branch of European constitutional thought. Its claims have also overstepped the European context, suggesting that it offers historic advantages for further development of the idea of constitutionalism and world order as such. This book offers the first overarching examination of constitutional pluralism.Comprehensively mapping out the leading contributions to date and solving the complicated labyrinth they currently form, Klemen Jaklic offers a complete assessment against existing and new criticisms while elaborating his own original vision. Constitutional pluralism thus refined has the potential to rightfully be considered the superior new approach within constitutional thought.