Coming Soon The Diagonality Problem of the EU Rule of Law: A Comparative Perspective

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The Diagonality Problem of the EU Rule of Law: A Comparative Perspective

By Csongor István Nagy
Coming Soon Hart Publishing Available March 2027

Specifications

ISBN-13
9781509970506
Publisher
Hart Publishing
Publication
March 2027
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU's current constitutional challenges.

Table of Contents

1. Introduction
2. Conceptual Vocabulary and Frame of Interpretation
3. Diagonal Application of Fundamental Rights in Multilayered Polities: A Comparative Overview
4. The Horizontal Application of the EU Rule of Law: Conferral of Sovereign Powers with Their Inherent limits
5. The Apparent Diagonal Application of the EU Rule of Law: Extension of Horizontal Application to the Member States When They Act as the EU's Agents
6. The Genuine Diagonal Application of the EU Rule of Law: Incorporation à l'européenne and the Paradigm of Core Standardswords
7. Stress Test of Diagonalization in the United States: Roe v. Wade, Dobbs v. Jackson and the Limits of Incorporation
8. Stress Test of Diagonalization in the European Union: The Rebellion of Constitutional
9. Conclusions and Proposals
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