Constitutional Pluralism in the EU

Hardcover | January 16, 2014

byKlemen Jaklic

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Where does the law and political power of any given territory come from? Until recently it was believed that it came from a single and hierarchical source of constitutional authority, a sovereign people and their constitution. However, how can this model account for the new Europe? Where stateconstitutions and the European Constitution, which are ultimately equally self-standing sources of constitutional authority, overlap heterarchically over a shared piece of territory. Constitutional pluralism is a new branch within constitutional thought that argues sovereignty is no longer the accurate and normatively superior constitutional foundation. It instead replaces this thought with its own foundation. It emerged on the basis of contributions by the leading EUconstitutionalists and has now become the most dominant branch of European constitutional thought. Its claims have also overstepped the European context, suggesting that it offers historic advantages for further development of the idea of constitutionalism and world order as such. This book offers the first overarching examination of constitutional pluralism. Comprehensively mapping out the leading contributions to date and solving the complicated labyrinth they currently form, Klemen Jaklic offers a complete assessment against existing and new criticisms while elaboratinghis own original vision. Constitutional pluralism thus refined has the potential to rightfully be considered the superior new approach within constitutional thought.

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Where does the law and political power of any given territory come from? Until recently it was believed that it came from a single and hierarchical source of constitutional authority, a sovereign people and their constitution. However, how can this model account for the new Europe? Where stateconstitutions and the European Constitution...

Dr Klemen Jaklic has been teaching at Harvard University since 2008 in varous roles in the fields of European integration, constitutional law and theory, moral theory, ethics, human rights, global justice, and democracy. Jaklic is also an Affiliate of the Harvard University Center for European Studies.
Format:HardcoverDimensions:375 pages, 9.21 × 6.14 × 0.01 inPublished:January 16, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198703228

ISBN - 13:9780198703228

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Table of Contents

IntroductionPart One: Mapping Analysis1. MacCormick and the Idea of Pluralism2. Epistemic Pluralism3. Substantive Pluralism4. Interpretive and Participative Pluralism5. Institutional PluralismPart Two: Assessment6. Decoding the Branch7. A True NoveltyPart Three: The Superior Path8. Within the Branches of Pluralism9. The Superior Conception of Pluralism10. Democracy's Third ComingConclusion