European Constitutional Language

ISBN-13: 9781107576926 / Angielski / Miękka / 2018 / 504 str.

Andras Jakab

Opis

Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.

Recenzje

'This book has a number of merits: it is a systematic and easily readable presentation … of the the most important pending issues in present-day European constitutional discourse; moreover it convincingly shows possible and desirable developments. The author reveals an impressive command of the relevant literature on a number of topical constitutional debates. Furthermore, he is faithful to his work programme, which admits and, to a certain extent, advocates the political nature of the constitutional discourse. … In the ongoing debate about the European constitution, this book is a remarkable contribution, providing fundamental conceptual clarification and suggesting plausible paths for future evolution.' Giacomo Delledonne, European Law Review

Spis treści

1. Introduction; Part I. The Grammar: The Rules of Constitutional Reasoning: 2. Constitutional reasoning in general; 3. A scheme of the specific methods of interpretation; 4. The conceptual system of constitutional law; 5. Dialects or local grammars: the style of constitutional reasoning in different European countries; Part II. Suggested Vocabulary as a Patchwork Historical Collection of Responses to Different Challenges: 6. Sovereignty and European integration; 7. The rule of law, fundamental rights and the terrorist challenge in Europe and elsewhere; 8. The constitution of Europe; 9. Democracy in Europe through parliamentarisation; 10. Constitutional visions of the nation and multi-ethnic societies in Europe; Part III. Redundant Vocabulary: 11. Staatslehre as constitutional theory?; 12. The Stufenbaulehre as a basis for a constitutional theory?; 13. Principles as norms logically distinct from rules?; 14. Public law – private law divide?; Part IV. Concluding Remarks.