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The Constitutional Theory of the Federation and the European Union
This book departs from the 'statist' imagination by suggesting the EU is a federal union of states, or a federation. Dedicated to the constitutional theory of federalism, this book gives the strengths and weaknesses of a federation as a political form, its histories, and current perils for the EU.
Eu Law Beyond Eu Borders
This book analyses the impact of EU law beyond its borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The 'global reach' of EU law is examined in policy areas of the environment, the internet and data protection, banking and financial markets, competition policy and migration.
The United Kingdom Constitution
This volume is an introduction to the United Kingdom's constitution that recognises its historical, political, and legal dimensions. It pays attention to the revival of the constituent territories of the UK. The constitution is shaped by constitutional principles, including state sovereignty, separation of powers, democracy, and subsidiarity.
EU Equality Law
The European Union is a supranational organisation with a set of circumscribed powers. Although these powers do not include an all-encompassing fundamental rights' mandate, today's existential challenges - from economic to refugee crisis, via concerns for compliance with the rule of law in some of its Member States - increase the pressure on the EU to develop tools for protection and promotion of such rights. One way of addressing the tension between the lack of a general mandate and vivid calls for protection is for the EU to focus on selected fundamental rights which it has competence to regulate. One such example is EU law on the fundamental right to equal treatment that has blossomed since the late 1990s. In developing selected fundamental right policies that can be imposed on domestic actors, as EU law does, supranational intervention needs to be carefully tailored to the plural landscape where they are intended to flourish. This monograph calls for a nuanced use of the infrastructure of EU law to convey shared values at domestic level across Europe.
An Ever More Powerful Court?
Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view on the basis of a careful examination of how judicial–legislative interactions determine the scope...
The Cosmopolitan Constitution
The foundations of constitutional authority have changed since modern constitutions first emerged in the eighteenth century. Originally, the constitution is supposed to express and to channel popular sovereignty. It is a work of freedom. It springs from, and facilitates, collective self-determination. This perspective changes after the Second World War. From now on constitutional authority is supposed to commit itself credibly to human rights. The people recede into the background. Universal principles command respect. Moreover, the national constitution becomes embedded into one or the other system of peer review among nations. This marks the advent of the cosmopolitan constitution. But this new cosmopolitan paradise is ambivalent. Greater civility and mutual supervision in the relation among peoples exacts the price of their political disempowerment. The question is whether this new form of constitutional authority can be based on an alternative form of collective self-determination that is no longer political but cosmopolitan in kind. But would such a shift, even if possible, be also desirable?
Public Law Directions
A considered balance of depth, detail, context, and critique, Public Law Directions offers the most student-friendly guide to the subject; empowering students to evaluate the law, understand its practical application, and approach assessments with confidence.
The European Court of Human Rights
Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.
The Global Model of Constitutional Rights
The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.
Traditions and Transformations
German constitutionalism has gained a central place in the global comparative debate, but what underpins it remains imperfectly understood. Its distinctive understanding of the rule of law and the widespread support for its powerful Constitutional Court are typically explains in one of two ways: either as a story of change in a reaction to National Socialism or as the continuation of an older nineteenth-century line of constitutional thought that emphasizes the function of constitutional law as a constraint on state power. But while both narratives account for some important features, their explanatory value is ultimately overrated. This book adopts a broader comparative perspective to under...
