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The Triangular Constitution - Constitutional Pluralism in Ireland, the EU and the ECHR (Hardcover)
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The Triangular Constitution - Constitutional Pluralism in Ireland, the EU and the ECHR (Hardcover)
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This book offers a new account of modern European
constitutionalism. It uses the Irish constitutional order to
demonstrate that, right across the European Union, the national
constitution can no longer be understood on its own, in isolation
from the EU legal order or from the European Convention on Human
Rights. The constitution is instead triangular, with these three
legal orders forming the points of a triangle, and the relationship
and interactions between them forming the triangle's sides. It
takes as its starting point the theory of constitutional pluralism,
which suggests that overlapping constitutional orders are not
necessarily arranged 'on top of' each other, but that they may be
arranged heterarchically or flatly, without a hierarchy of superior
and subordinate constitutions. However, it departs from
conventional accounts of this theory by emphasising that we must
still pay close attention to jurisdictional specificity in order to
understand the norms that regulate pluralist constitutions. It
shows, through application of the theory to case studies, that any
attempt to extract universal principles from the jurisdictionally
contingent interactions between specific legal orders is fraught
with difficulty. The book is an important contribution to
constitutional theory in general, and constitutional pluralism in
particular, and will be of great interest to scholars in the field.
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