The Many Constitutions of Europe

ISBN-13: 9781138249868 / Angielski / Miękka / 2016 / 298 str.

Suvi Sankari;Kaarlo Tuori

Opis

This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.

Recenzje

'This is a rich and innovative collection. By exploring what constitutionalism means in various fields of law, it offers a much needed new perspective on one of the most important developments in law of the last decade.' Jan Smits, Tilburg University, The Netherlands 'This work makes a timely and valuable contribution. Too often books on constitutional order within the European Union stay, whatever their ideological perspectives, within a Public Law and Human rights perspective, this book breaks new ground in also looking at the relationship of this to European Private Law.' Zenon Bankowski, Edinburgh Law School, UK '... well-written, detailed, precise, clear and very interesting analysis, at times highly theoretical, sometimes critical, of the European multi-dimensional constitutionalism. It will serve as a point of reference not only for those who are interested in the European constitutionalism but everyone interested in European integration and the debate on the future of the European construction, both academics and students. The book offers new perspectives to the way we think about constitutionalism and the European constitution, and opens new areas for the academic research. Above all, it will facilitate a dialogue on the European constitution.' Common Market Law Review

Spis treści

Contents: Editor's preface; Part I Multi-Dimensionality of European Constitutionalism: The many constitutions of Europe, Kaarlo Tuori; A default constitutionalism? A disquieting note on Europe's many constitutions, Emilios Christodoulidis; Constitutionalism and the multi-coded treaties of the EU: changing the concepts of constitutionality, Inger-Johanne Sand; Constitutional ideal types in the global age: a sociological review, Sabine Frerichs. Part II Aspects of the Economic Constitution: European competition law: catalyst of integration and convergence, Milène Wegmann; Failures or ideological preconceptions? Thoughts on two grand projects: the European constitution and the European civil code, Hans-W. Micklitz. Part III Aspects of the Political Constitution: Multilevel constitutionalism: looking beyond the German debate, Neil Walker; European constitutionalism and the democratic design of European governance: rethinking directly deliberative polyarchy and reflexive constitutionalism, Stijn Smismans; Could the Court of Justice have done differently?, Suvi Sankari. Part IV Aspects of the Social Constitution: Social constitution in historical perspective: Hugo Sinzheimer in the Weimar context, Sakari Hänninen; Social rights and market freedom in the European constitution: a re-appraisal, Stefano Giubboni; Constitutional issues in European health policy and practice, Meri Koivusalo; Index.

O autorze

Kaarlo Tuori is Academy Professor at the University of Helsinki, Faculty of Law. He has published extensively in the area of legal and constitutional theory, including the monographs Critical Legal Positivism (Ashgate 2002) and Ratio and Voluntas (Ashgate 2010). He has also co-authored The Eurozone Crisis: A Constitutional Analysis (with Klaus Tuori, Cambridge University Press 2014). He has directed the Centre of Excellence in Foundations of European Law and Polity Research (University of Helsinki) and is a member and former Vice-president of the Venice Commission. Suvi Sankari is a member of the Centre of Excellence in Foundations of European Law and Polity, Faculty of Law, University of Helsinki, Finland