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Leading scholars explore constitutional themes from both international and European law and theory perspectives.
An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.
Table of contents:
Constitutionalism - a theoretical roadmap N. Tsagourias; Part I. States, Courts and Constitutional Principles: 1. The rejection of the universal sState P. Capps; 2. The standing of states in the European Union P. Eleftheriadis; 3. The constitutional role of general principles of law in international and European jurisprudence N. Tsagourias; 4. Proportionality and discretion in international and European law J. Rivers; Part II. Transnational Constitutional Interface: 5. Hierarchy in organizations: regional bodies and the United Nations N. White; 6. The multilevel constitution of European foreign relations R. Wessel; 7. Self-determination of peoples and transnational regimes as foundational principle of global governance A. Skordas; 8. Challenges to international and European corporatism presented by deliberative trends in governance T. Novitz; Part III. Visions of International Constitutionalism: 9. The meaning of international constitutional law B. Fassbender; 10. The never-ending closure: constitutionalism and international law W. Werner.
An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.
Table of contents:
Constitutionalism - a theoretical roadmap N. Tsagourias; Part I. States, Courts and Constitutional Principles: 1. The rejection of the universal sState P. Capps; 2. The standing of states in the European Union P. Eleftheriadis; 3. The constitutional role of general principles of law in international and European jurisprudence N. Tsagourias; 4. Proportionality and discretion in international and European law J. Rivers; Part II. Transnational Constitutional Interface: 5. Hierarchy in organizations: regional bodies and the United Nations N. White; 6. The multilevel constitution of European foreign relations R. Wessel; 7. Self-determination of peoples and transnational regimes as foundational principle of global governance A. Skordas; 8. Challenges to international and European corporatism presented by deliberative trends in governance T. Novitz; Part III. Visions of International Constitutionalism: 9. The meaning of international constitutional law B. Fassbender; 10. The never-ending closure: constitutionalism and international law W. Werner.