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Constitutional Pluralism in the European Union and Beyond

Constitutional Pluralism in the European Union and Beyond

Constitutional Pluralism in the European Union and Beyond

Author: Matejand Avbelj; Jan Komarek
Publisher: Hart Publishing
ISBN: 9781849461252
Published In: March 2012
Format: Hardback , 452 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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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's borders - most importantly in the process of European integration, but also beyond that, e.g. 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.

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.

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