Constitutional Pluralism in the European Union and Beyond

Edited by: Matej Avbelj, Jan Komárek

Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state's borders - most importantly in the process of European integration, but also beyond that: e.g. in international regulatory regimes, such as the World Trade Organization, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism, based on a hierarchically superior authority of the European Union, as well as from scholars focusing on constitutions of particular states. The scholars in this book take opposing perspectives on constitutional pluralism: some defending and promoting the concept of constitutional pluralism, some criticizing and opposing it. While some of the contributors can be called 'the founding fathers of constitutional pluralism,' others are young academics who have recently entered the field. Together, they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching the existing understanding of the concept in current scholarship. It will be a useful resource for those who are interested in European integration and issues of global governance. (Series: Studies of the Oxford Institute of European and Comparative Law)

452 pages

Publication Date: 2/29/2012
Format: Cloth
ISBN: 9781849461252