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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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The European Constitution and National Constitutions - Ratification and Beyond (Hardcover)
Loot Price: R6,470
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The European Constitution and National Constitutions - Ratification and Beyond (Hardcover)
Series: European Monographs Series Set
Expected to ship within 10 - 15 working days
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Whether the Constitutional Treaty will enter into effect - or the
prospect of the EU having a constitutional text is pushed back to a
much more distant future - the ratification of an EU Constitution
raises questions of fundamental importance from the point of view
of national constitutional law. Whilst constitutions have
traditionally been linked to states, more recent theories, such as
post-national, multi-level, or intertwined constitutionalism,
recognise the possibility for a constitution to exist in a
non-state context. In this very valuable book, which focuses on the
ratification of the European Constitutional Treaty, twenty-eight
authorities in constitutional and EU law examine the extent to
which such theories have made inroads in national constitutional
thinking. The contributors examine the debates and official
documents of the political institutions that have been involved in
the ratification process in the Member States, as well as
constitutional court decisions and scholarly discourse. They also
cover a range of closely related issues, such as the amendment of
national constitutions, ratification referendums, and the
implications of the codification of the principle of primacy in the
European Constitution. The book includes reports from 17 EU Member
States, as well as a view from a candidate country, Croatia. These
reports, along with other papers on the nature and content of the
Constitutional Treaty, consider the following issues: the process
and legal framework of ratification in each of the examined Member
States; the novel category of 'constitutional treaty';
constitutional elements in existing EC/EU treaties; types of
constitutions and constitutionalism, and constitutions in non-state
contexts; the implications of the primacy clause; ratification
referendums; and, eurosceptic fears of the development of a
super-state. The book is based on the proceedings of an
international conference that was held in Tallinn, Estonia, in
November 2005. By assessing the implications of the European
Constitution from the perspective of national constitutional law,
this book fills an important gap in the literature. It also makes a
contribution to the emergence of a true European-wide
constitutional debate, by providing both researchers and
policy-makers with comparative information regarding the
constitutional aspects of ratification in Member States. It will be
of absorbing interest and value for years to come as the European
constitutional debate continues.
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