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Books > Social sciences > Politics & government > International relations > International institutions > EU & European institutions
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Euroconstitutionalism and its Discontents (Hardcover)
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Euroconstitutionalism and its Discontents (Hardcover)
Series: Oxford Constitutional Theory
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This book addresses the question of social constitutionalism,
especially with regard to its role in the contemporary European
project. For reasons of history and democracy, Europeans share a
deep commitment to social constitutionalism. But in the
contemporary European constitutional debate, constitutionalism and
social democracy have become antagonists, with the survival of the
one seeming to require sacrifice of the other. This book challenges
the common view that constitutionalization means de-politicization.
It argues that courts can exert a more indirect, creative, and
agenda-setting role in the process of an ongoing clarification of
the meaning of a right. The CJEU and the ECtHR - as courts beyond
the nation state - are able to constructively re-open and
re-politicize controversies that may appear settled at the national
level in their constitutionalizing jurisprudence. And, crucially,
our understanding of shared European constitutional principles is
itself subject to revision and reconsideration as we accumulate
experiences of dealing with diverse national contexts. By examining
the jurisprudence of the CJEU and the ECtHR, the book demonstrates
that in domain after domain, ranging from the protection of the
vulnerable in the European social market to the guarantee of
freedom of conscience, which in Europe emerged after many centuries
of religious persecution, both courts can enhance and deepen
democracy and thereby encourage the liberal project of
constitutionalism beyond the state. Over time, once interpretive
answers have become established in practice, courts can then move
towards stronger forms of judicial intervention that consolidate
best practice. It is this democratic and experimental process which
lies at the heart of the distinctive model of contemporary
Euroconstitutionalism.
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