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Principles of European Constitutional Law

By: Armin von Bogdandy, Jürgen Bast Editor(s): Armin von Bogdandy, Jürgen Bast
Media of Principles of European Constitutional Law
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Published: 21-11-2006
Format: Paperback
Edition: 1st
Extent: 910
ISBN: 9781841137339
Imprint: Hart Publishing
Series: Modern Studies in European Law
Dimensions: 234 x 156 mm
RRP : £39.00
 

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Loren Epson

About Principles of European Constitutional Law

While politics wrestles with the Constitutional Treaty, this volume presents a European constitutional law - not as a mere project but as binding law. There are good reasons to treat the European Union's current primary law as constitutional law: it establishes public power, legitimates legal acts, provides a citizenship, protects fundamental rights, and regulates the relationships among legal orders as well as between law and politics. Reconstructing primary law as constitutional law yields useful insights, as this volume seeks to demonstrate.

This volume presents European constitutional law as it stands and, on that foundation, the Treaty establishing a Constitution for Europe. The contributions present its theoretical and doctrinal fundamentals from the perspective of German-speaking scholarship, reflect the state of research, clarify methodological approaches, illuminate legal doctrines and assumptions, and identify research desiderata. The perspectives on offer are not uniform, but encompass varying methodologies and differing political approaches to integration.

Reviews

“...presents the quintessence of German European law doctrine in a single volume and should therefore be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thoughts contained in the 833 pages of the book in a short review.” –  Daniel Thym, Common Market Law Review Vol 44, May 2007

“…it recommends itself as an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law that are prevalent within Germany…I have happily passed the summer reading each of the contributions; am a far better (European and constitutional) lawyer for it; and would unhesitatingly recommend the purchase of this book, as well as the very careful perusal of every excellently crafted chapter.” –  Michelle Everson, European Law Journal Vol. 13 2007

“…a knowledgeable and detailed book, combining scientific discipline and the desire to shed new light on these issues.” –  Frederik Ronse, Bulletin Quotidien Europe, No 9219/693 June 2006

“This is real scholarship in the profound sense of the word. I find aspects of thought in it nowhere encountered elsewhere. I am sure I shall often use it. The whole performance underscores again the unique contribution to legal
science of the Heidelberg Max Planck Institute
” –  K. Lenaerts, Professor of European Law, Leuven University,

“The book also provides some useful insights into constitutional understandings. Equally, many of the contributions provide thoughtful analyses and assessments, such as those of Dann on the EU's institutional structure. These will be of particular interest to English readers. And the book provides very detailed expositions of German legal thinking and case law, although the contributors are not afraid to question it.” –  Clive Church, Journal of Contemporary European Research Vol 3, Issue 2

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