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The Constitution's Gift - A Constitutional Theory for a Democratic European Union (Hardcover, New)
Loot Price: R2,735
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The Constitution's Gift - A Constitutional Theory for a Democratic European Union (Hardcover, New)
Series: Constitution's Gift
Expected to ship within 12 - 17 working days
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This authoritative study considers all aspects of the European
Union's distinctive constitution since its inception. A unique
political animal, the EU has given rise to important constitutional
conundrums and paradoxes that John Erik Fossum and Agustin Jose
Menendez explore in detail. The authors consider the process of
forging the EU's constitution and the set of fundamental norms that
define the institutional structure, the decision-making procedures,
and the foundations of the Union's democratic legitimacy. Their
analysis illuminates the distinctive features of the EU's pluralist
constitutional construct but also the interesting parallels to the
Canadian constitutional experience and provides the tools to
understand the Union's development, especially during the Laeken
(2001 2005) and Lisbon (2007 2009) processes of constitutional
reform. The authors' original theory of constitutional synthesis
captures the distinctive traits of the European Union as a polity.
It explains why and how the European Communities were established
as the first constitutional union of constitutional states wherein
integration would be steered by law, not power politics or
imperialism. Similarly, it presents the European Union as one of
the few examples of a polity that has transcended the paradigm of
the nation-state (and perhaps even that of the state). Locating the
substance and process of Lisbon in its proper constitutional
context, Fossum and Menendez explain why this should be seen as a
new beginning of the Union's constitutional season, not its end.
Offering the first history of European constitutional law that is
both theoretically informed and normatively grounded, their book
will be essential reading for all readers interested in the process
and theory of European integration.
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