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The Constitutional State

Nick Barber

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This book provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory, and ... More


Conflicts of Rights in the European Union: A Theory of Supranational Adjudication

Aida Torres Pérez

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199568710
eISBN:
9780191705571
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568710.001.0001
Subject:
Law, EU Law

This book focuses on the potential for conflict between overlapping constitutional and EU fundamental rights. When constitutional and EU rights overlap and the respective interpretations diverge, ... More


From Hierarchy to Pluralism

Aida Torres Pérez

in Conflicts of Rights in the European Union: A Theory of Supranational Adjudication

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199568710
eISBN:
9780191705571
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568710.003.0004
Subject:
Law, EU Law

This chapter critically analyzes current institutional models addressing rights' conflicts in the EU. Much of the academic debate has focused on whether state constitutions or EU Treaties should be ... More


Constitutional Pluralism in the EU

Klemen Jaklic

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703228
eISBN:
9780191773051
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703228.001.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

According to constitutional monism that has dominated our political and legal thought for centuries, all law and political power of a given territory derive in some ultimate sense from a single and ... More


A True Novelty

Jaklic Klemen

in Constitutional Pluralism in the EU

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703228
eISBN:
9780191773051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703228.003.0008
Subject:
Law, EU Law, Constitutional and Administrative Law

Some important recent contributions have expressed doubts about viewing the described approaches as pluralist. There are several main lines of this fundamental critique. Firstly, some argue against ... More


Constitutional Pluralism

N. W. Barber

in The Constitutional State

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.003.0010
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The previous chapter argued that it was possible for a form of legal pluralism to arise within a legal order and, furthermore, that this was, or may become, a characteristic of a number of the legal ... More


Europeanization and Diversity

Lucinda Miller

in The Emergence of EU Contract Law: Exploring Europeanization

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199606627
eISBN:
9780191731716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606627.003.0006
Subject:
Law, EU Law

This chapter contends that diversity should be welcomed rather than disdained within the contract law frame, not simply because it is politically expedient to do so but because diversity is seen to ... More


Decoding the Branch

Jaklic Klemen

in Constitutional Pluralism in the EU

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703228
eISBN:
9780191773051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703228.003.0007
Subject:
Law, EU Law, Constitutional and Administrative Law

The initial finding of mapping analysis is that there are several different meanings of “constitutional pluralism” used by different authors, and that those different conceptions often appear within ... More


Within the Branches of Pluralism

Jaklic Klemen

in Constitutional Pluralism in the EU

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703228
eISBN:
9780191773051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703228.003.0009
Subject:
Law, EU Law, Constitutional and Administrative Law

The examined versions of constitutional pluralism fall within the scope of the pluralist branch as distinct from monism. This does not mean that all are equally sound. Nor do they harbor the same ... More


Understanding Europe: From Constitutional Pluralism To Relative Authority

Nicole Roughan

in Authorities: Conflicts, Cooperation, and Transnational Legal Theory

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671410
eISBN:
9780191751783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671410.003.0011
Subject:
Law, Philosophy of Law

This chapter argues that the relative authority account offers a ‘fourth way’ of understanding inter-authority relationships in the European Union, and an advance upon the ‘third way’ of ... More


Plurality of Authority in Legal/Constitutional Theory

Nicole Roughan

in Authorities: Conflicts, Cooperation, and Transnational Legal Theory

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671410
eISBN:
9780191751783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671410.003.0004
Subject:
Law, Philosophy of Law

This chapter engages with existing literature in both legal and constitutional theory, bringing disparate strands of theoretical insights into direct conversation in order to examine their ... More


Lex Pacificatoria: Marriage of Heaven and Hell

Christine Bell

in On the Law of Peace: Peace Agreements and the Lex Pacificatoria

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199226832
eISBN:
9780191710261
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226832.003.0015
Subject:
Law, Public International Law

This concluding chapter summarizes and brings together the book's central argument for a lex pacificatoria as a new law of the peacemakers. It proposes an ambivalent response to the new lex, and ... More


Authorities: Conflicts, Cooperation, and Transnational Legal Theory

Nicole Roughan

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671410
eISBN:
9780191751783
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671410.001.0001
Subject:
Law, Philosophy of Law

This book offers a novel theory of legitimate authority to explain interactions and relationships between state, transnational, international, or other pluralist legal orders. It argues that such ... More


Three Point Zero: Transcendence

Alexander Somek

in The Cosmopolitan Constitution

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199651535
eISBN:
9780191747878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199651535.003.0005
Subject:
Law, Constitutional and Administrative Law, EU Law

Constitutionalism 3.0 pushes the constitutional project beyond national bounds. It thereby represents the most perfect mediation of the universal idea of equal liberty with particular realizations. ... More


E pluribus cohaerente: Foreign Policy Objectives in the European Constitutional Space

Joris Larik

in Foreign Policy Objectives in European Constitutional Law

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198736394
eISBN:
9780191799976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736394.003.0005
Subject:
Law, EU Law, Public International Law

Chapter 4 tackles the consequences of the fact that the EU and its Member States share the ‘European constitutional space’. It combines the sensitive relationship between EU law and Member State ... More


Territorial Isomorphs: Beyond Foundational Authority

Zoran Oklopcic

in Beyond the People: Social Imaginary and Constituent Imagination

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198799092
eISBN:
9780191839573
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198799092.003.0007
Subject:
Law, Constitutional and Administrative Law

From the perspective of K-Universe, the formation of sovereign states is governed by recursive applications of K-Algorithm, and results in T-Isomorphs. Chapter 7 proposes Sierpinski recursion as an ... More


Conclusions

Anne Peters

in The Constitutionalization of International Law

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199543427
eISBN:
9780191720475
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199543427.003.0007
Subject:
Law, Public International Law

This chapter discusses the pros and cons of the constitutionalist paradigm. Critics of global constitutionalism doubt the empirical reality of the phenomenon called constitutionalization, call into ... More


The Superior Conception of Pluralism

Jaklic Klemen

in Constitutional Pluralism in the EU

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703228
eISBN:
9780191773051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703228.003.0010
Subject:
Law, EU Law, Constitutional and Administrative Law

The detailed examination of the remaining weaknesses shows that for pluralism truly to succeed, it needs a partial further refinement at its foundation. It is argued that a particular intact version ... More


Democracy’s Third Coming

Jaklic Klemen

in Constitutional Pluralism in the EU

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703228
eISBN:
9780191773051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703228.003.0011
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter shows how the construction of a more applicative form of the sound conception of substantive pluralism would proceed through such an improved foundation. This kind of pluralist approach ... More


MacCormick and the Idea of Pluralism

Jaklic Klemen

in Constitutional Pluralism in the EU

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703228
eISBN:
9780191773051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703228.003.0002
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 1 examines in detail only the core of the pluralist claim as introduced by Neil MacCormick seminal article “Beyond the Sovereign State.” This core is analytically examined so that the entire ... More


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