Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State by Turkuler IsikselEurope's Functional Constitution: A Theory of Constitutionalism Beyond the State by Turkuler Isiksel

Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State

byTurkuler Isiksel

Hardcover | May 14, 2016

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Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted toinstitutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy ofnorms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of "functional constitutionalism" to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmaticmode of constitutional authority is essential for assessing contemporary international economic governance.
Turkuler Isiksel is Assistant Professor at the Department of Political Science at Columbia University. She earned her PhD in political science from Yale University and works primarily in contemporary political theory. Isiksel has served as a Perkins fellow at the Princeton University Program in Law and Public Affairs and as an Emile No...
Title:Europe's Functional Constitution: A Theory of Constitutionalism Beyond the StateFormat:HardcoverDimensions:304 pages, 9.21 × 6.14 × 0.03 inPublished:May 14, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019875907X

ISBN - 13:9780198759072

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Table of Contents

Introduction: Constitutionalism Beyond the State: Assessing the Stakes1. The Trilemma of Constitutional Authority2. The Theory of Functional Constitutionalism3. Market Freedoms and Human Rights4. Law, Democracy, and Citizenship in the European Union5. Free Movement: A Citizenship of Aliens6. The Non-discrimination Principle: Unbounding the StateConclusion: The EU Without Illusions