Legitimacy of European Constitutional Orders A Comparative Inquiry

Dani, Marco Goldoni Marco Menéndez, Agustín J.
Innbundet / 2023 / Engelsk

Produktdetaljer

ISBN
9781803928883
Publisert
2023-09-29
Utgiver
Vendor
Edward Elgar Publishing Ltd
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
342

Redaktør
Dani, Marco
Goldoni Marco
Menéndez, Agustín J.

Biographical note

Edited by Marco Dani, Associate Professor of Comparative Public Law, Faculty of Law, University of Trento, Italy, Marco Goldoni, Professor of Philosophy of Law, School of Law, University of Glasgow, Scotland, UK and Agustín José Menéndez, Associate Professor of Political Philosophy, Department of Philosophy and Society, Universidad Complutense de Madrid, Spain

Legitimacy of European Constitutional Orders A Comparative Inquiry

Dani, Marco Goldoni Marco Menéndez, Agustín J.
Innbundet / 2023 / Engelsk
Dani, Marco Goldoni Marco Menéndez, Agustín J.
Innbundet / 2023 / Engelsk
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The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, taking into consideration the national constitutional traditions of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the trajectories followed by European national constitutional orders in their efforts to attain legitimacy. More in particular, the book investigates Bruce Ackerman’s influential world constitutionalism project and engages with the three legitimacy pathways put forward therein; that is, the revolutionary, the establishment, and the elite pathways. Such ideal trajectories are revisited and found in need of being questioned so as to furnish the conceptual tools essential in the efforts of reconstructing and assessing the European constitutional orders. The book also considers the relevance of constitutional transformation and change in comparative constitutional law, and accounts for the manifold impacts of the European integration process on national constitutional trajectories. Offering an original perspective on the issue of constitutional legitimacy in the European context, this comprehensive book will be of interest to scholars and students of comparative law, constitutional law, European law, political science and constitutional theory as well as researchers and practitioners in these fields.
Les mer
Contents: 1 Treading alongside the legitimacy pathways: an introduction 1 Marco Dani, Marco Goldoni and Agustín José Menéndez PART I QUESTIONING THE LEGITIMACY PATHWAYS THEORY 2 The democratic and social constitutional state as the paradigm of the post-World War II European constitutional experience 19 Marco Dani 3 The concept of revolution as a key to comparison: Ackerman’s ‘Revolutionary Constitutions’ and Gramsci’s ‘Passive Revolutions’ 43 Alessandra Di Martino 4 Constitutionalism in postwar Europe: revolutionary or counter-revolutionary? 64 Michael Wilkinson PART II QUESTIONING THE REVOLUTIONARY PATHWAY 5 A republic of parties: the Italian constitutional order through the lenses of the constitutional regime 94 Marco Goldoni 6 Portugal: from transformative to open constitutionalism 113 Teresa Violante 7 Is France (really) revolutionary? 137 Arnaud Le Pillouer PART III QUESTIONING THE ESTABLISHMENT PATHWAY 8 The British constitution in Ackerman’s worldview: a critique 158 Martin Loughlin 9 Constitutional pathways in Scandinavia 177 Signe Rehling Larsen 10 The Elites, the People, and their Court 214 Justin Collings 11 Revolution and elite negotiations: deconstructing constitutional pathways in Hungary and Poland 234 Marina Bán PART IV LEGITIMACY PATHWAYS AND EUROPEAN INTEGRATION 12 The constitutionalization of European integration as a single, protracted ‘constitutional moment’ towards the establishment of EU final authority 259 Sacha Garben 13 Incompatible constitutional paths? Making (constitutional) sense of the existential crisis of the European Union 282 Agustín José Menéndez 14 Afterword: European dilemmas 304 Bruce Ackerman Index
Les mer
‘This edited volume stands out in the literature for its genuinely innovative contribution to our understanding of postwar European constitutionalism. Analyzing European constitutional histories through the prism of Bruce Ackerman's work on revolutionary constitutionalism, the chapters combine careful contextual analysis with US-style grand theory, offering the best of both worlds. By retelling the stories of our origins, this collection provides new insights and inspires us to think more deeply about where we are headed. It deserves a wide readership, both in Europe and beyond.’
Les mer

Relaterte produkter

The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, taking into consideration the national constitutional traditions of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the trajectories followed by European national constitutional orders in their efforts to attain legitimacy. More in particular, the book investigates Bruce Ackerman’s influential world constitutionalism project and engages with the three legitimacy pathways put forward therein; that is, the revolutionary, the establishment, and the elite pathways. Such ideal trajectories are revisited and found in need of being questioned so as to furnish the conceptual tools essential in the efforts of reconstructing and assessing the European constitutional orders. The book also considers the relevance of constitutional transformation and change in comparative constitutional law, and accounts for the manifold impacts of the European integration process on national constitutional trajectories. Offering an original perspective on the issue of constitutional legitimacy in the European context, this comprehensive book will be of interest to scholars and students of comparative law, constitutional law, European law, political science and constitutional theory as well as researchers and practitioners in these fields.
Les mer
Contents: 1 Treading alongside the legitimacy pathways: an introduction 1 Marco Dani, Marco Goldoni and Agustín José Menéndez PART I QUESTIONING THE LEGITIMACY PATHWAYS THEORY 2 The democratic and social constitutional state as the paradigm of the post-World War II European constitutional experience 19 Marco Dani 3 The concept of revolution as a key to comparison: Ackerman’s ‘Revolutionary Constitutions’ and Gramsci’s ‘Passive Revolutions’ 43 Alessandra Di Martino 4 Constitutionalism in postwar Europe: revolutionary or counter-revolutionary? 64 Michael Wilkinson PART II QUESTIONING THE REVOLUTIONARY PATHWAY 5 A republic of parties: the Italian constitutional order through the lenses of the constitutional regime 94 Marco Goldoni 6 Portugal: from transformative to open constitutionalism 113 Teresa Violante 7 Is France (really) revolutionary? 137 Arnaud Le Pillouer PART III QUESTIONING THE ESTABLISHMENT PATHWAY 8 The British constitution in Ackerman’s worldview: a critique 158 Martin Loughlin 9 Constitutional pathways in Scandinavia 177 Signe Rehling Larsen 10 The Elites, the People, and their Court 214 Justin Collings 11 Revolution and elite negotiations: deconstructing constitutional pathways in Hungary and Poland 234 Marina Bán PART IV LEGITIMACY PATHWAYS AND EUROPEAN INTEGRATION 12 The constitutionalization of European integration as a single, protracted ‘constitutional moment’ towards the establishment of EU final authority 259 Sacha Garben 13 Incompatible constitutional paths? Making (constitutional) sense of the existential crisis of the European Union 282 Agustín José Menéndez 14 Afterword: European dilemmas 304 Bruce Ackerman Index
Les mer
‘This edited volume stands out in the literature for its genuinely innovative contribution to our understanding of postwar European constitutionalism. Analyzing European constitutional histories through the prism of Bruce Ackerman's work on revolutionary constitutionalism, the chapters combine careful contextual analysis with US-style grand theory, offering the best of both worlds. By retelling the stories of our origins, this collection provides new insights and inspires us to think more deeply about where we are headed. It deserves a wide readership, both in Europe and beyond.’
Les mer

Produktdetaljer

ISBN
9781803928883
Publisert
2023-09-29
Utgiver
Vendor
Edward Elgar Publishing Ltd
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
342

Redaktør
Dani, Marco
Goldoni Marco
Menéndez, Agustín J.

Biographical note

Edited by Marco Dani, Associate Professor of Comparative Public Law, Faculty of Law, University of Trento, Italy, Marco Goldoni, Professor of Philosophy of Law, School of Law, University of Glasgow, Scotland, UK and Agustín José Menéndez, Associate Professor of Political Philosophy, Department of Philosophy and Society, Universidad Complutense de Madrid, Spain

Relaterte produkter