Europe's Second Constitution

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Europe's Second Constitution

Crisis, Courts and Community

Politics and government Constitution: government and the state International relations Law International law Public international law: international organizations and institutions Constitutional and administrative law: general

Author: Markus W. Gehring

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Collection: Cambridge Studies in Constitutional Law

Language: English

Published by: Cambridge University Press

Published on: 24th September 2020

Format: LCP-protected ePub

Size: 2 Mb

ISBN: 9781108848985


Introduction

The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding light on these concerns, this book reveals a widespread misunderstanding of constitutional federalism, which permeates the Member State courts, popular media, and many academic communities.

A failure to address confusion over this fundamental concept is leading us towards impoverished development of the EU's Second Constitution, and even ensuring that the role of both domestic and international European courts in enriching the constitutionalisation process is overlooked and undervalued.

In a bid to avoid such consequences, this book explores how federalism and further constitutionalisation — rightly understood in a dialogue of the European courts — may actually change this process and allow a clearer advance toward Europe’s Second Constitution for, but also with, the people of Europe.

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