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National Courts and EU Law
National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.
The Transformation of Europe
This collection of essays considers the extent to which Joseph Weiler's thinking on the nature of European law holds today.
The Abuse of Constitutional Identity in the European Union
The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the conc...
Sovereignty in Post-Sovereign Society
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating t...
European Constitutionalism Beyond the State
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
The Law & Politics of Brexit
The decision by the people of the United Kingdom to vote in a referendum in June 2016 to leave the European Union has produced shock-waves across Europe and the world. Brexit calls into question consolidated assumptions on the finality of the EU, and simultaneously sparks new challenges. These new challenges are not only in regard of the constitutional settlements reached in the UK, notably in Scotland and Northern Ireland, but also on the future of European integration. Now that Article 50 of the Treaty on the European Union has been invoked, and the path towards full withdrawal by the UK from the EU remains clouded in uncertainties, a comprehensive legal and political analysis of how Brexi...
The International Constitutional Order
This title can be previewed in Google Books - http://books.google.com/books'vid=ISBN9789056293871.
European International Law Traditions
International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renown...
Regulatory Convergence in EU Securities Regulation
Offers a new approach to the legal issues raised by the drive for convergence in securities regulation. The author offers an informed and insightful examination of the implications for regulatory and policy design if regulatory convergence were to be rigorously implemented.
International Relations Theory and the Politics of European Integration
International Relations Theory and the Politics of European Integration focuses on the roles of community, power and security, within the European Union. It features contributions from highly respected international scholars, and covers subjects such as: · sovereignty and European integration · the EU and the politics of migration · the internationalisation of military security · the EU as a security actor · money, finance and power · the quest for legitimacy with regards to EU enlargement.
