The Worlds of European Constitutionalism (Contemporary European Politics)

The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, both in the EU's internal and its external relations. The book culminates in an interactive epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike. The Issue Of Constitutional Authority, And More Particularly The Plurality Of Claims To Legal And Constitutional Authority, Has Been A Dominant Theme Of European Union Legal Scholarship In Recent Years. The Resonance Of The Topic Is Evident In Many Of The Major Eu Developments Of The Past Decade: The Momentous Eastwards Enlargement, The Gambit Of The Un-ratified Constitutional Treaty; The Growing Number Of National Constitutional Court Challenges To Eu Authority Claims; The Likely Eu Accession To The European Convention On Human Rights; And Finally The Rulings Of The European Court Of Justice On The Relationship Of Eu Law To The International Legal Order-- The European Union As An International Legal Experiment / Bruno De Witte -- The Place Of European Law / Neil Walker -- The Ecj And The International Legal Order: A Re-evaluation / Gránne De Búrca -- Local, Global And Plural Constitutionalism: Europe Meets The World / Daniel Halberstam -- The Case For Pluralism In Postnational Law / Nico Krisch. Edited By Gráinne De Búrca, J. H. H. Weiler. Includes Bibliographical References And Index. The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, in both the EU's internal and its external relations. The book culminates in a dialogical epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike. "The issue of constitutional authority, and more particularly the plurality of claims to legal and constitutional authority, has been a dominant theme of European Union legal scholarship in recent years. The resonance of the topic is evident in many of the major EU developments of the past decade: the momentous eastwards enlargement, the gambit of the un-ratified Constitutional Treaty; the growing number of national constitutional court challenges to EU authority claims; the likely EU accession to the European Convention on Human Rights; and finally the rulings of the European Court of Justice on the relationship of EU law to the international legal order"-- Provided by publisher