European Constitutional Imaginaries

European Constitutional Imaginaries
Author: Jan Komárek
Publisher: Oxford University Press
Total Pages: 417
Release: 2023-03-02
Genre:
ISBN: 0192855484

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How can the EU be made legitimate and sustainable through (constitutional) law - and what is the role of constitutional lawyers and their ideas in creating this "sense of legitimacy"? This book seeks to answer these questions through the concept of the "constitutional imaginary": sets of ideas and beliefs that motivate and justify the practice of government and collective self-rule. Constitutional imaginaries are as important as institutions and office- holders, as they provide political action with an overarching sense and purpose recognized as legitimate by those governed. Constitutional imaginaries are 'necessary fictions' that make political rule possible, and at the same time they are ideologies which hide from view various forms of domination. European Constitutional Imaginaries deals with a variety of questions and is split into four parts to address: the first part explores in more detail various meanings of European constitutional imaginary, as seen by different disciplines: legal sociology, political and constitutional theory, and philosophy. The second part revisits the contribution of some key authors to the creation of European constitutional imaginaries, and the third part offers various new ways of thinking about European constitutionalism. The fourth and final part examines political economy behind various constitutional imaginaries. Written by a balanced mix of well-established authors and newer talent, European Constitutional Imaginaries promises to open debates on European constitutionalism that are necessary to understanding Europe's present predicament and its various crises, all navigated through the medium of law.

Constitutional Imaginaries

Constitutional Imaginaries
Author: Jiří Přibáň
Publisher: Routledge
Total Pages: 176
Release: 2021-09-30
Genre: Law
ISBN: 1000456099

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This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.

The Transformation of Europe

The Transformation of Europe
Author: Miguel Poiares Maduro
Publisher: Cambridge University Press
Total Pages: 383
Release: 2017-09-28
Genre: Law
ISBN: 1107157943

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This collection of essays considers the extent to which Joseph Weiler's thinking on the nature of European law holds today.

European Constitutional Language

European Constitutional Language
Author: András Jakab
Publisher: Cambridge University Press
Total Pages: 531
Release: 2016-04-15
Genre: Language Arts & Disciplines
ISBN: 1107130786

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

Authoritarian Liberalism and the Transformation of Modern Europe

Authoritarian Liberalism and the Transformation of Modern Europe
Author: Michael A. Wilkinson
Publisher: Oxford University Press
Total Pages: 353
Release: 2021
Genre: Law
ISBN: 0198854757

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This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.

Poland's Constitutional Breakdown

Poland's Constitutional Breakdown
Author: Wojciech Sadurski
Publisher: Oxford Comparative Constitutio
Total Pages: 305
Release: 2019-05-16
Genre: Law
ISBN: 0198840500

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Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.

Europe since 1989

Europe since 1989
Author: Philipp Ther
Publisher: Princeton University Press
Total Pages: 446
Release: 2018-08-21
Genre: History
ISBN: 0691181136

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An award-winning history of the transformation of Europe between 1989 and today In this award-winning book, Philipp Ther provides the first comprehensive history of post-1989 Europe, offering a sweeping narrative filled with vivid details and memorable stories. Europe since 1989 shows how liberalization, deregulation, and privatization had catastrophic effects on former Soviet Bloc countries. Ther refutes the idea that this economic “shock therapy” was the basis of later growth, arguing that human capital and the “transformation from below” determined economic success or failure. He also shows how the capitalist West’s effort to reshape Eastern Europe in its own likeness ended up reshaping Western Europe, especially Germany. Bringing the story up to the present, Ther compares Eastern and Southern Europe after the 2008–9 global financial crisis. A compelling account of how the new order of Europe was wrought from the chaotic aftermath of the Cold War, Europe since 1989 is essential reading for understanding post-Brexit Europe and the present dangers for democracy and the European Union.

The Making of a European Constitution

The Making of a European Constitution
Author: Sonja Puntscher Riekmann
Publisher: Springer Science & Business Media
Total Pages: 263
Release: 2007-08-19
Genre: Political Science
ISBN: 3531900951

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The aim of this publication is an analysis of the process of European constitutionalisation and its entanglement with relevant national discourses. Thus, national constitutional traditions in Austria, France, Germany and the United Kingdom are evaluated with regard to the positions of the respective national representatives in the European Convention. Interviews with Members of National Parliaments and of the European Parliament as well as a content analysis of the debate on the future of Europe in print media form the empirical basis of this study.

The Making of a European Constitution

The Making of a European Constitution
Author: Michelle Everson
Publisher: Routledge
Total Pages: 257
Release: 2007-09-21
Genre: Law
ISBN: 1134070675

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Introduction -- Constitutional mo(u)rning -- Retelling the legal integration story -- Forgetting law -- Adjudicating non-authoritative law -- Constitutionalising the institutional balance of powers -- The principled judicial mechanics of constitutional morphogenesis -- Constitutionalism beyond constitutions.