Constitutional Pluralism in the EU Oxford Studies in European Law

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 state constitutions 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 EU constitutionalists 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 elaborating his own original vision. Constitutional pluralism thus refined has the potential to rightfully be considered the superior new approach within constitutional thought. 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 ultimately hierarchical source of constitutional authority, such as that territory’s sovereign people and their constitution. Over the last twenty years some leading European constitutionalists have however begun to argue that the new Europe transcends the monist paradigm and opens doors to a whole new constitutional vision. According to constitutional pluralism, the nation-state constitutions (their peoples) and the European constitution (the European people) are ultimately equally self-standing sources of constitutional authority that overlap heterarchically over a shared piece of territory, and ought to overlap. These claims have gained immense popularity among European scholars so that it is now commonplace to describe constitutional pluralism both as a whole new branch within constitutional thought and the single most dominant branch of European constitutional thought. Crucially, its claims have overstepped the European context, suggesting that the new pluralist paradigm offers historic advantages for further development of the idea of constitutionalism and the world order. This book is the first overarching examination of constitutional pluralism. It maps out comprehensively all the leading contributions to date and deciphers the seemingly unnavigable labyrinth they currently form. It offers a comprehensive assessment against the existing and new criticisms. It elaborates a refined conception, arguing that it has the potential to lead to the next historic leap of democracy. The branch of constitutional pluralism thus refined should be considered the superior new approach within constitutional thought 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 state constitutions 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 EU constitutionalists 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 elaborating his own original vision. Constitutional pluralism thus refined has the potential to rightfully be considered the superior new approach within constitutional thought -- Provided by Publisher This Title Offers An Overarching Examination Of Constitutional Pluralism In The European Context. Mapping The Leading Work To Date, It Offers A Critical Assessment Of The Problems And Potential Of Pluralist Theory, Arguing That A Refined Version Of Constitutional Pluralism Should Be Considered The Best Account Of European Constitutionalism. Maccormick And The Idea Of Pluralism -- Epistemic Pluralism -- Substantive Pluralism -- Interpretive And Participative Pluralism -- Institutional Pluralism -- Decoding The Branch -- A True Novelty -- Within The Branches Of Pluralism -- The Superior Conception Of Pluralism -- Democracy's Third Coming. Klemen Jaklic. Includes Bibliographical References (pages [327]-343) And Index. Content: INTRODUCTION PART ONE: MAPPING ANALYSIS I. MacCormick and the Idea of Pluralism II. Epistemic Pluralism III. Substantive Pluralism IV. Interpretive and Participative Pluralism V. Institutional Pluralism PART TWO: ASSESSMENT VI. Decoding the Branch VII. A True Novelty PART THREE: THE SUPERIOR PATH VIII. Within the Branches of Pluralism IX. The Superior Conception of Pluralism X. Democracy's Third Coming CONCLUSION