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The Legitimacy of European Constitutional Orders: A Comparative Inquiry

The Legitimacy of European Constitutional Orders: A Comparative Inquiry

Author: Marco Dani; Marco Goldoni; Agustín José Menéndez
Publisher: Edward Elgar Publishing
ISBN: 9781803928883
Published In: September 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

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