European constitutionalism / Kaarlo Tuori.
"European Constitutionalism redraws the perimeters in the debate on the nature of the European constitution. Offering a fresh approach to both doctrinal and theoretical issues, this book discusses general characteristics of the European constitution under the headings of relationality, perspect...
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Full Text (via Cambridge) |
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| Format: | Electronic eBook |
| Language: | English |
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New York :
Cambridge University Press,
2015.
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Table of Contents:
- Cover; Half title; Series; Title; Copyright; Contents; Series editors' preface; Preface; Prologue; Examining European constitutionalism; A relational concept of constitution; Constitutional law as higher law; Constitutional culture and constitutional theories; An outline of the book; Part I: General characteristics; 1 Relationality; Constitutional dimensions; Constitutional functions; Transnational and national constitutionalism; 2 Interlude: the framing juridical constitution; Constituting the European legal system; Claiming the autonomy of European law; Positioning European law.
- Pre-emption as a sub-principle of supremacyGeneral principles; 3 Perspectivism; Perspectives on legal perspectivism; Legal diversity; Legal pluralism; European fundamental rights pluralism; Conflict or dialogue?; 4 Discursiveness; Revolutionary and evolutionary constitutionalism; European constitutional discourse; Perspectives on constitutional discourse; Part II: Sectoral constitutionalization; 5 The triumph of the microeconomic constitution; Origins of a concept; The process of economic constitutionalization; Underlying controversies.
- The European economic constitution and national constitutionsImplications for the political dimension; 6 Mutation of the macroeconomic constitution; From Rome to Maastricht; The Maastricht principles; Underlying economic assumptions; From crisis prevention to crisis management; Strengthening European economic governance; The new roles of the ECB; The constitutional basis of the Eurozone regime; Still a Union based on the rule of law?; Legitimacy concerns; 7 The European social constitution: between solidarity and access justice; Is there a European social constitution?
- Why does the national welfare state have primacy?Restrictions on free movement; Extension of internal market law to welfare services; Welfare services for mobile workers and citizens; Denationalization and deterritorialization of welfare services; Consequences of macroeconomic constitutionalization; Regulatory private law; Two notions of justice: complementary or conflicting?; 8 The insecure security constitution; The paradox-ridden relationship between the constitution and security; From Trevi to Maastricht; The significance of Amsterdam; Lisbon and after; From state of emergency to security.
- Freedom, security and justiceSecurity and fundamental rights; Constitution or anti-constitution?; Epilogue; Towards a general theory of the European constitution; Perspectivism of legal disciplines; Final comment; Bibliography; Index.