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Self-Constitution of European Society

Author: Jiří Přibáň

Publisher: Routledge

Published: 2016-05-26

Total Pages: 353

ISBN-13: 1317057511

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Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and pluralism and their juridical and political uses in the context of EU constitutionalism. Individual chapters emphasize the importance of interdisciplinary and socio-legal methods in the current research of EU constitutionalism and their potential to re-conceptualize and re-think traditional problems of constitutional subjects, limitation and separation of power, political symbolism and identity politics in Europe. This collection simultaneously describes the EU and its self-constitution as one polity, differentiated society and shared community and its contributors conceptualize the sense of common identity and solidarity in the context of the post-sovereign multitude of European society.

Book Synopsis Self-Constitution of European Society by : Jiří Přibáň

Download or read book Self-Constitution of European Society written by Jiří Přibáň and published by Routledge. This book was released on 2016-05-26 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and pluralism and their juridical and political uses in the context of EU constitutionalism. Individual chapters emphasize the importance of interdisciplinary and socio-legal methods in the current research of EU constitutionalism and their potential to re-conceptualize and re-think traditional problems of constitutional subjects, limitation and separation of power, political symbolism and identity politics in Europe. This collection simultaneously describes the EU and its self-constitution as one polity, differentiated society and shared community and its contributors conceptualize the sense of common identity and solidarity in the context of the post-sovereign multitude of European society.

Sovereignty in Post-Sovereign Society

Author: Jiří Přibáň

Publisher: Routledge

Published: 2016-03-09

Total Pages: 262

ISBN-13: 1317052099

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Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

Book Synopsis Sovereignty in Post-Sovereign Society by : Jiří Přibáň

Download or read book Sovereignty in Post-Sovereign Society written by Jiří Přibáň and published by Routledge. This book was released on 2016-03-09 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

Self-Constitution of European Society

Author: Jiří Přibáň

Publisher: Routledge

Published: 2016-05-26

Total Pages: 346

ISBN-13: 131705752X

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Book Synopsis Self-Constitution of European Society by : Jiří Přibáň

Download or read book Self-Constitution of European Society written by Jiří Přibáň and published by Routledge. This book was released on 2016-05-26 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and pluralism and their juridical and political uses in the context of EU constitutionalism. Individual chapters emphasize the importance of interdisciplinary and socio-legal methods in the current research of EU constitutionalism and their potential to re-conceptualize and re-think traditional problems of constitutional subjects, limitation and separation of power, political symbolism and identity politics in Europe. This collection simultaneously describes the EU and its self-constitution as one polity, differentiated society and shared community and its contributors conceptualize the sense of common identity and solidarity in the context of the post-sovereign multitude of European society.

Constitutional Imaginaries

Author: Jiří Přibáň

Publisher: Routledge

Published: 2021-09-30

Total Pages: 238

ISBN-13: 1000456102

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This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.

Book Synopsis Constitutional Imaginaries by : Jiří Přibáň

Download or read book Constitutional Imaginaries written by Jiří Přibáň and published by Routledge. This book was released on 2021-09-30 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.

The Making of a European Constitution

Author: Michelle Everson

Publisher: Routledge

Published: 2007-09-21

Total Pages: 493

ISBN-13: 1134070667

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An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.

Book Synopsis The Making of a European Constitution by : Michelle Everson

Download or read book The Making of a European Constitution written by Michelle Everson and published by Routledge. This book was released on 2007-09-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.

The EU and Constitutional Time

Author: Massimo Fichera

Publisher: Edward Elgar Publishing

Published: 2023-07-01

Total Pages: 181

ISBN-13: 1789909007

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This insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions and contradictions of European constitutionalism using the lens of constitutional time.

Book Synopsis The EU and Constitutional Time by : Massimo Fichera

Download or read book The EU and Constitutional Time written by Massimo Fichera and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions and contradictions of European constitutionalism using the lens of constitutional time.

Research Handbook on Legal Pluralism and EU Law

Author: Gareth Davies

Publisher: Edward Elgar Publishing

Published: 2018

Total Pages: 448

ISBN-13: 1786433095

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The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.

Book Synopsis Research Handbook on Legal Pluralism and EU Law by : Gareth Davies

Download or read book Research Handbook on Legal Pluralism and EU Law written by Gareth Davies and published by Edward Elgar Publishing. This book was released on 2018 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.

Anti-Constitutional Populism

Author: Martin Krygier

Publisher: Cambridge University Press

Published: 2022-03-31

Total Pages: 577

ISBN-13: 1009033344

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Around the world, populist parties have sprung up in formerly and formally liberal-democratic polities, challenging their existing political parties and leaders, and frequently overwhelming them. These challenges and successes were rarely predicted, arriving so soon after the wave of liberal democratic and constitutional enthusiasms, proclamations and institution-building which peaked in the 1990s. Bringing together scholars from law, political science and philosophy, this collection explores the character of contemporary populisms and their relationships to constitutional democracy. With contributors from around the world, it offers a diverse range of nuanced perspectives on populism as a global phenomenon. Using comparative and multi-disciplinary techniques, this book considers the specifics and similarities of populisms, and raises general questions about their nature and potential futures.

Book Synopsis Anti-Constitutional Populism by : Martin Krygier

Download or read book Anti-Constitutional Populism written by Martin Krygier and published by Cambridge University Press. This book was released on 2022-03-31 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Around the world, populist parties have sprung up in formerly and formally liberal-democratic polities, challenging their existing political parties and leaders, and frequently overwhelming them. These challenges and successes were rarely predicted, arriving so soon after the wave of liberal democratic and constitutional enthusiasms, proclamations and institution-building which peaked in the 1990s. Bringing together scholars from law, political science and philosophy, this collection explores the character of contemporary populisms and their relationships to constitutional democracy. With contributors from around the world, it offers a diverse range of nuanced perspectives on populism as a global phenomenon. Using comparative and multi-disciplinary techniques, this book considers the specifics and similarities of populisms, and raises general questions about their nature and potential futures.

The Constitution of the European Union

Author: Ulrich Haltern

Publisher: Hart Publishing

Published: 2021-03-11

Total Pages: 240

ISBN-13: 9781782257479

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This books provides a contextual analysis of the constitution of the European Union which, unlike most constitutions, does not belong to a state. Rather, the EU is an international organization that has moved beyond the features of international law into a terrain very close to the municipal law of federal states. Many features we take for granted in nation-states are non-existent, or contested, in the Union. There is no European Union constitutional text in the proper sense; the “Constitutional Treaty” signed by the Member States in 2004 failed spectacularly in the process of popular ratification. The Union's founding texts were international treaties – international law, not constitutional law. And yet, over time, legal doctrine put into place by the European Court of Justice in Luxembourg has led to constitutional attributes of Union law, and political practice, led by the Commission, has mirrored these attributes, complementing a de facto constitutionalist environment. As a consequence, we have seen a steady re-ordering of the functional boundaries of the Member States, followed by a nascent re-ordering of the imagined boundaries of political community and self. All of this is constitutionalism writ large: legal doctrines, institutional arrangements, political practices, and their implications for legitimacy, democracy, and political self-imagination, and together they form the subject of this fascinating book.

Book Synopsis The Constitution of the European Union by : Ulrich Haltern

Download or read book The Constitution of the European Union written by Ulrich Haltern and published by Hart Publishing. This book was released on 2021-03-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This books provides a contextual analysis of the constitution of the European Union which, unlike most constitutions, does not belong to a state. Rather, the EU is an international organization that has moved beyond the features of international law into a terrain very close to the municipal law of federal states. Many features we take for granted in nation-states are non-existent, or contested, in the Union. There is no European Union constitutional text in the proper sense; the “Constitutional Treaty” signed by the Member States in 2004 failed spectacularly in the process of popular ratification. The Union's founding texts were international treaties – international law, not constitutional law. And yet, over time, legal doctrine put into place by the European Court of Justice in Luxembourg has led to constitutional attributes of Union law, and political practice, led by the Commission, has mirrored these attributes, complementing a de facto constitutionalist environment. As a consequence, we have seen a steady re-ordering of the functional boundaries of the Member States, followed by a nascent re-ordering of the imagined boundaries of political community and self. All of this is constitutionalism writ large: legal doctrines, institutional arrangements, political practices, and their implications for legitimacy, democracy, and political self-imagination, and together they form the subject of this fascinating book.

Peace, Discontent and Constitutional Law

Author: Martin Belov

Publisher: Routledge

Published: 2021-05-24

Total Pages: 281

ISBN-13: 1000385337

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This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.

Book Synopsis Peace, Discontent and Constitutional Law by : Martin Belov

Download or read book Peace, Discontent and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2021-05-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.