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The reform of the European Constitution continues to dominate news headlines and has provoked a massive debate, unprecedented in the history of EU law. Against this backdrop Monica Claes' book offers a -bottom up- view of how the constitution might work, taking the viewpoint of the national courts as her starting point, and at the same time returning to fundamental principles in order to interrogate the myths of Community law. Adopting a broad, comparative approach, she analyzes the basic doctrines of Community law from both national constitutional perspectives as well as the more usual...

This book offers a deeper understanding of the dynamics and challenges faced by the ongoing development of European constitutional law. The content and form of European constitutional law are shaped by rules, principles and values found partly in European law and partly in (common) national constitutional norms and international documents, especially the European Convention on Human Rights. Taking the multifaceted and multidirectional nature of European constitutional law as their starting point, the essays in this book are organised around three central themes. The first draws attention to...