Law, Democracy and Solidarity in a Post-national Union PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Law, Democracy and Solidarity in a Post-national Union PDF full book. Access full book title Law, Democracy and Solidarity in a Post-national Union by Erik Oddvar Eriksen. Download full books in PDF and EPUB format.
Author: Erik Oddvar Eriksen Publisher: Routledge ISBN: 1134042809 Category : Political Science Languages : en Pages : 423
Book Description
To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order. This book deals with four themes which make up the main sources of the ‘constitutional crisis’: The problem of the rule of law in a context of governance beyond the nation state The problem of the social deficit of the Union The problem of identity and collective memories The problem of institutionalizing post-national democracy. These themes constitute the unfinished agenda of the European integration process. Law, Democracy and Solidarity in a Post-national Union is based on the efforts of a collection of top scholars in the fields of Law, Political Science, Sociology and Economics, and will appeal to students and scholars of political science, the European Union and European studies.
Author: Erik Oddvar Eriksen Publisher: Routledge ISBN: 1134042809 Category : Political Science Languages : en Pages : 423
Book Description
To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order. This book deals with four themes which make up the main sources of the ‘constitutional crisis’: The problem of the rule of law in a context of governance beyond the nation state The problem of the social deficit of the Union The problem of identity and collective memories The problem of institutionalizing post-national democracy. These themes constitute the unfinished agenda of the European integration process. Law, Democracy and Solidarity in a Post-national Union is based on the efforts of a collection of top scholars in the fields of Law, Political Science, Sociology and Economics, and will appeal to students and scholars of political science, the European Union and European studies.
Author: Anne Elizabeth Stie Publisher: Routledge ISBN: 1135125465 Category : Political Science Languages : en Pages : 251
Book Description
This book examines the democratic legitimacy of the European Union (EU) and evaluates the democratic credentials of the EU’s main decision-making procedure. It finds that though there is potential for democratic decision-making in the EU, the actual process is dominated by technocrats and secret meetings. The book assesses and discusses the conditions for democratic input in decision-making with five empirical chapters each addressing the ordinary legislative procedure from different dimensions: democratic deliberative forums, inclusion, openness, power neutralising mechanisms and decision-making capacity. The analytical framework provides for an in-depth assessment of the ordinary legislative procedure’s potential democratic qualities and examines whether it fulfils democratic criteria, how the procedure works in practice and whether it has the necessary democratic clout. The author provides both a theoretical discussion and an empirical assessment of what role the principle of democracy could play in the EU. Filling a gap in EU legislative studies and contributing to the debate on the European democratic deficit, Democratic Decision-making in the EU will be of interest to students and scholars of European Union politics, legislative studies and deliberative democracy.
Author: Marcelo Neves Publisher: Bloomsbury Publishing ISBN: 1782251251 Category : Law Languages : en Pages : 175
Book Description
Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.
Author: Poul F. Kjaer Publisher: Cambridge University Press ISBN: 1108664261 Category : Law Languages : en Pages : 423
Book Description
This book develops the law of political economy as a new field of scholarly enquiry. Bringing together an exceptional group of scholars, it provides a novel conceptual framework for studying the role of law and legal instruments in political economy contexts, with a focus on historical transformations and central challenges in both European and global contexts. Its chapters reconstruct how the law of political economy plays out in diverse but central fields, ranging from competition and consumer protection law to labour and environmental law, giving a comprehensive overview of the central challenges of the law of political economy. It also provides a sophisticated and multifaceted framework for further enquires while outlining the contours of new law of political economy.
Author: Christoph M. Michael Publisher: Springer Nature ISBN: 3030640698 Category : Political Science Languages : en Pages : 352
Book Description
This innovative and thought-provoking study puts forth a compelling analysis of the constitutive nexus at the heart of the European refugee conundrum. It maps and historically contextualises some of the distinctive challenges that pervasive ethnic and cultural pluralism present to real politics as on the level of political theorizing. By systematically integrating hitherto insufficiently linked research perspectives in a novel way, it lays open a number of paradoxical constellations and regressive tendencies in contemporary European democracy. It thereby redirects attention to the ways in which liberal thought and liberal democratic institutions shape, interact with, and may even provide justification for illiberal and exclusionary practices. This book thus makes an important contribution to the analysis of post-migrant realities in Europe and the ways in which they are defined by imperial legacies, punitive migration regimes, the culturalization of mainstream politics, and the discursive construction of a European Other.
Author: Erik O. Eriksen Publisher: OUP Oxford ISBN: 0191571474 Category : Political Science Languages : en Pages : 286
Book Description
The widening and deepening of the European Union have brought to the fore the question of democracy at the European level. The system of domination already in place at the European level requires and aspires to direct legitimation - from the citizens themselves and not merely indirect, derived from the Member Nation States. Such can only be achieved by making the EU into a democratic polity. But can democracy be disassociated from its putative nation-state foundation? A revised concept of democratic legitimacy based on discourse theory is developed. It is argued that post-national democracy requires a constitution but not necessarily a state. The Union amounts to less than a state but more than an international organisation and a system of transnational governance. In the political theory of the multilevel constellation that makes up the EU, it is conceived of as a regional subset of an emerging cosmopolitan order. The EU is a state-less government. As it is not premised on group identity, it is able to accommodate a high measure of variance with regard to territory and function. The book analyzes the reforms undertaken to bring the EU 'closer to the citizens'. It documents elements of democratization and reduction of arbitrary power. However, democracy requires that the citizens can approve or reject the laws they are subjected to. Since the institutional as well as the civic conditions under which a public justification process would be deemed legitimate are not in place, European post-national democracy remains an unaccomplished mission.
Author: Alfonso Martínez Arranz Publisher: Peter Lang ISBN: 9789052016047 Category : Law Languages : en Pages : 288
Book Description
The EU has long played a central role in promoting economic prosperity and political stability in Europe. With twenty-seven countries, it is a powerful trade negotiator and is seen by many as a growing force for global security and welfare. But does the EU giant have feet of clay? Is it recognized as a legitimate political and social project by its own citizens? How well does it respond to global challenges, such as environmental degradation and terrorism? How successful is it in projecting its image as a promoter of human rights, of conflict prevention, social justice, development cooperation, environmental protection and multilateralism? This volume contributes to the debate about the changing face of Europe and the way it works, not just internally, but also with the rest of the world. It first explores the merits of fostering inclusive multicultural citizenship and religious pluralism in Europe, the necessity of reinventing the EU from below, and the urgency of addressing EU internal migration problems. It then examines the new role of the EU in world politics and how other countries view it in terms of hard and soft power. Can the EU inspire by its development aid, conflict prevention, social and audiovisual policies? How efficient is it in exporting security to the rest of the world? The final chapters deal with the EU in the Asia Pacific region.
Author: E. Eriksen Publisher: Springer ISBN: 1137391456 Category : Political Science Languages : en Pages : 230
Book Description
The Normativity of the European Union provides an account of what has made European integration possible. Reconstructing the integration process up to the Eurozone crisis, Eriksen provides novel insight into the conditions for integration and the nature of the EU as well as highlighting why European solidarity has become a moral duty.
Author: Mark Dawson Publisher: Cambridge University Press ISBN: 1139502980 Category : Law Languages : en Pages : 375
Book Description
The development of non-binding new governance methods has challenged the traditional ideals of EU law by suggesting that soft norms and executive networks may provide a viable alternative. Rather than see law and new governance as oppositional projects, Mark Dawson argues that new governance can be seen as an example of legal 'transformation', in which soft norms and hard law institutions begin to cohabit and interact. He charts this transformation by analysing the Open Method of Coordination (OMC) for Social Inclusion and Protection. While this process illustrates some of the concrete advantages for EU social policy which new governance has brought, it also illustrates their extensive legitimacy challenges. Methods like the OMC have both excluded traditional institutions, such as Courts and Parliaments, and altered the boundaries of domestic constitutional frameworks. The book concludes with some practical suggestions for how a political 'constitutionalisation' of new governance could look.
Author: Catherine Dupré Publisher: Bloomsbury Publishing ISBN: 150990039X Category : Law Languages : en Pages : 259
Book Description
Human dignity is one of the most challenging and exciting ideas for lawyers and political philosophers in the twenty-first century. Even though it is rapidly emerging as a core concept across legal systems, and is the first foundational value of the European Union and its overarching human rights commitment under the Lisbon Treaty, human dignity is still little understood and often mistrusted. Based on extensive comparative and cross-disciplinary research, this path-breaking monograph provides an innovative and critical investigation of human dignity's origins, development and above all its potential at the heart of European constitutionalism today. Grounding its analysis in the connections among human dignity, human rights, constitutional law and democracy, this book argues that human dignity's varied and increasing uses point to a deep transformation of European constitutionalism. At its heart are the construction and protection of constitutional time, and the multi-dimensional definition of humanity as human beings, citizens and workers. Anchored in a detailed comparative study of case law, including the two European supranational courts and domestic constitutional courts, especially those of Germany, the UK, France and Hungary, this monograph argues for a new understanding of European constitutionalism as a form of humanism.
Author: Erik Oddvar Eriksen
Author: Erik Oddvar Eriksen
Author: Anne Elizabeth Stie
Author: Marcelo Neves
Author: Poul F. Kjaer
Author: Christoph M. Michael
Author: Erik O. Eriksen
Author: Alfonso Martínez Arranz
Author: E. Eriksen
Author: Mark Dawson
Author: Catherine Dupré