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Constitutional Pluralism in the European Union and Beyond

Editor(s): Matej Avbelj, Jan Komárek
Media of Constitutional Pluralism in the European Union and Beyond
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Published: 29-02-2012
Format: EPUB eBook (?)
Edition: 1st
Extent: 452
ISBN: 9781847318923
Imprint: Hart Publishing
Series: Studies of the Oxford Institute of European and Comparative Law
RRP: £99.00
Online price : £79.20
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Loren Epson

About Constitutional Pluralism in the European Union and Beyond

Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention.
At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states.
The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.

Table Of Contents

1 Introduction
Matej Avbelj and Jan Komárek
2 Constitutionalism and Pluralism in Global Context
Neil Walker
3 Rethinking Constitutional Authority: On the Structure and Limits of Constitutional Pluralism
Mattias Kumm
4 Three Claims of Constitutional Pluralism
Miguel Poiares Maduro
5 Systems Pluralism and Institutional Pluralism in Constitutional Law: National, Supranational and Global Governance
Daniel Halberstam
6 Multilevel Constitutionalism and Constitutional Pluralism
Franz C Mayer and Mattias Wendel
7 The Fallacy of European Multilevel Constitutionalism
René Barents
8 Federalism as Constitutional Pluralism: 'Letter from America'
Robert Schütze
9 Out with the New, in with the Old – Neo-Roman Constitutional Thought and the Enigma of Constitutional Pluralism in the EU
Ola Zetterquist
10 Institutional Dimension of Constitutional Pluralism
Jan Komárek
11 Legal Pluralism and Institutional Disobedience in the European Union
Julio Baquero Cruz
12 Constitutional Disagreement in Europe and the Search for Pluralism
Gareth Davies
13 The Silent Lamb and the Deaf Wolves
Daniel Sarmiento
14 Constitutional Dialogues, Pluralism and Conflicting Identities
Xavier Groussot
15 Monism: A Tale of the Undead
Alexander Somek
16 Can European Integration be Constitutional and Pluralist – Both at the Same Time?
Matej Avbelj


“ impressive collection of essays gathering some of the most important names in the field of European constitutional law.

...fundamental reading to those who wish to deal with constitutional theories of European integration (not only with constitutional pluralism as such, since it gives voice even to the sceptics or discontents of constitutional pluralism) and its purchase has to be recommended definitively.

” –  Giuseppe Martinico, European Law Review, Volume 38(3)

“The reader should not expect ready-made answers from this book. The strength of this anthology lies rather in the fact that it helps to identify problems and issues, leading to a better understanding of national processes and debates in Eastern as well as Western Europe.” –  Prof. Dr. Herbert Küpper, Jahrbuch für Ostrecht, 2012/2

“This book, which brings together the leading theorists of European integration, is a very rich collection which invites further exploration rather than imposing one and only solution to the challenges faced by the integration... In the present circumstances of an unprecedented crisis in the European Union, the book is an indispensable and highly recommended read for anybody with some background in EU law and, more importantly, with a profound interest in the issues arising in the EU and beyond. (Translated from the Slovenian)” –  Janja Hojnik, Pravna Praksa, No 23 / 2012

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