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The Constitutional Structure of Europe's Area of 'Freedom, Security and Justice' and the Right to Justification (Hardcover)
Loot Price: R3,513
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The Constitutional Structure of Europe's Area of 'Freedom, Security and Justice' and the Right to Justification (Hardcover)
Series: Hart Studies in Security and Justice
Expected to ship within 10 - 15 working days
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This book explores the implications of freedom as a
non-domination-oriented view for understanding EU security
regulation and its constitutional implications. At a time when the
European borders are under pressure and with the refugee and
migration crisis, which escalated in 2015, the idea of exploring a
constitutional theory for the 'Area of Freedom, Security and
Justice' (AFSJ) might seem to be a utopian project. This appears
especially true in the light of the increased threat of terrorism
in Europe (and on a global scale) and where the expanding EU
security agenda is often advanced through the administrative law
path, in contrast to the constitutional trajectory. Add to this the
prolonged financial crisis, which continues to cast a long shadow
on the future development of EU integration, and which suggests
that Europe needs to 're-invent itself' beyond the sphere of
economics. Therefore, it is precisely because of the current
uncertainties regarding the progress of the EU and the
constitutional law project that a constitutional take on the AFSJ
is of particular importance. The book investigates the meaning of
non-domination and the idea of justice and justification in the
area of EU security regulation. In doing so, it focuses on the
development of an AFSJ, what it means, and why it represents a
fascinating example of contemporary constitutional law with
interacting layers of security regulation, human rights law and
transnational legal theory at its core.
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