Transnational Constitutionalism: International and European Perspectives

Cambridge University Press, 7/19/2007
EAN 9780521872041, ISBN10: 0521872049

Hardcover, 392 pages, 22.9 x 15.2 x 2.5 cm
Language: English

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.

Constitutionalism - a theoretical roadmap N. Tsagourias
Part I. States, Courts and Constitutional Principles
1. The rejection of the universal state 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.

'The book attempts to not restrain itself to a narrow perspective; it encloses legal and socio-political accounts, scholars from the European as well as the international level, promoters and sceptics and voices from different theoretical backgrounds such as Kelsenian, system theories and Habermas. … This book … shows that it is important to deviate from the standard perception of a constitution as a single mono-level document in favour of constituting elements assembled from national, regional and international documents. Definitely it is a book that has the potential to kindle further discussion and give an overview of what has been reached so far.' Vienna Online Journal on International Constitutional Law