The concepts and values that underpin traditional constitutionalism are increasingly being challenged by political realities that place substantial power beyond the state. Among the few certainties of a global economy is the growing incongruity between the political (the world of things that need to be ordered collectively in order to sustain society) and the state (the major institution of authoritative political decision-making during modern times). The consequences, and possible remedies, of this double disjunction of politics and state and of state and constitution form the centre of an open debate about 'constitutionalism beyond the state'. The essays gathered in this collection explore the range of issues raised by this debate. The effects of recent changes on two of the main building blocks of constitutionalism - statehood and democracy - are examined in Parts I and II. Since the movement of overcoming statehood has, arguably, been advanced furthest in the European context, the question of the future of constitutionalist ideas in the framework of the EU provides the key theme of Part III. The remaining parts consider possible transformations or substitutes. The engagement of constitutions with international law offers one line of transmutation of constitutionalism (Part IV) and the diffusion of constitutionalism into separate social spheres provides an alternative way of pursuing constitutionalism in a new key (Part VI). Finally, the ability of the theory of global administrative law (examined in Part V) to offer an alternative account of the potential of jurisdictional control of global governing processes is examined. Through these explorations, the book offers cross-disciplinary insights into the impact of recent political and economic changes on modern constitutionalism and an assessment of the prospects for constitutionalism in a transnational environment.
Les mer
The concepts and values that underpin traditional constitutionalism are increasingly being challenged by political and economic realities that place substantial power beyond the state. This book gathers leading constitutional theorists to discuss the impact of the growth of transnational governance on the foundational values of constitutionalism.
Les mer
INTRODUCTION ; PART I: CONSTITUTIONALISM AND THE EROSION OF STATEHOOD ; 1. The Achievement of Constitutionalism and its Prospects in a Changed World ; 2. Disconnecting Constitutions from Statehood: Is Global Constitutionalism a Viable Concept? ; 3. What is Constitutionalisation? ; PART II: THE QUESTION OF EUROPE ; 4. European Governance: Governing with or without the State? ; 5. Legitimacy in the Multi-level European Polity ; 6. Constitutionalism and Representation: European Parliamentarism in the Treaty of Lisbon ; PART III: CONSTITUTIONALISM WITHOUT DEMOCRACY? ; 7. More Law, Less Democracy? Democracy and Transnational Constitutionalism ; 8. On Constitutional Membership ; 9. Constitutionalism and Democracy in the World Society ; PART IV: CONSTITUTIONAL LAW AND PUBLIC INTERNATIONAL LAW ; 10. The Best of Times and the Worst of Times: Between Constitutional Triumphalism and Nostalgia ; 11. In Defence of 'Constitution' ; PART V: GLOBAL ADMINISTRATIVE LAW: A VIABLE SUBSTITUTE? ; 12. Global Administrative Law and the Constitutional Ambition ; 13. Administration without Sovereignty ; PART VI: THE EMERGENCE OF SOCIETAL CONSTITUTIONALISM ; 14. Beyond the Holistic Constitution? ; 15. The Morphogenesis of Constitutionalism ; 16. Fragmented Foundations: Societal Constitutionalism beyond the Nation State
Les mer
[The collection] do[es] not only represent the current state of research, but advance[s] it.
`[The collection] do[es] not only represent the current state of research, but advance[s] it.' Thomas Kleinlein, Global Law Books `...the quality of the contributions is extremely high. It shows that most of the contributors have worked on the topic of constitutionalism for many years. Still the volume goes further than merely presenting summaries of the existing positions at the same time as new aspects and dimensions are added. As such the volume provides a very important step in the attempt to move beyond the constitutional twilight.' Poul F. Kjaer, European Law Review `...a compulsory read for anyone interested in the subject matter of the series by OUP for which it is the debut volume, the Oxford Constitutional Theory Series, approaches the themes of globalisation and transnationalism from the viewpoint of constitutionalism, one of the hallmarks of modern sovereign statehood...this eclectic, erudite and highly-recommended collection provokes the conclusion, to this reviewer at least, that in the contemporary world constitutionalism faces the same dilemma as the protagonists of Di Lampedusa's "Il Gattopardo": it will have to change if it is to stay the same.' Cormac Mac Amhlaigh, Public Law
Les mer
Gathers leading figures in constitutional theory to examine one of the central issues in the field - how can constitutional values be adapted to politics beyond the state? Offers fresh contributions to the discussion of the relationship between constitutional law, international law and EU law, of value to those working on the theory of transnational law Brings together leading scholars from the Germanic and Anglo-American traditions of constitutional theory, furthering the exchange between the two traditions The first entry in the new Oxford Constitutional Theory series, showcasing the best new work on the subject
Les mer
Martin Loughlin is Professor of Public Law at the London School of Economics. He specialises in constitutional theory and his books in the field include The Paradox of Constitutionalism (edited with Neil Walker, 2007), Foundations of Public Law (2010), The Idea of Public Law (2003), and Public Law and Political Theory (1992). Petra Dobner is Associate Professor of Political Science at the University of Halle, Germany.
Les mer
Gathers leading figures in constitutional theory to examine one of the central issues in the field - how can constitutional values be adapted to politics beyond the state? Offers fresh contributions to the discussion of the relationship between constitutional law, international law and EU law, of value to those working on the theory of transnational law Brings together leading scholars from the Germanic and Anglo-American traditions of constitutional theory, furthering the exchange between the two traditions The first entry in the new Oxford Constitutional Theory series, showcasing the best new work on the subject
Les mer

Produktdetaljer

ISBN
9780199651993
Publisert
2012
Utgiver
Vendor
Oxford University Press
Vekt
552 gr
Høyde
233 mm
Bredde
158 mm
Dybde
20 mm
Aldersnivå
UP, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
368

Biographical note

Martin Loughlin is Professor of Public Law at the London School of Economics. He specialises in constitutional theory and his books in the field include The Paradox of Constitutionalism (edited with Neil Walker, 2007), Foundations of Public Law (2010), The Idea of Public Law (2003), and Public Law and Political Theory (1992). Petra Dobner is Associate Professor of Political Science at the University of Halle, Germany.