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Constitutionalism and pluralism in a global context
Walker, Neil - RECON - 2010
Constitutional pluralism divides opinion. What makes it attractive to some in a globally connected world also accounts … for the scepticism of others. Its allure lies in its ambition to square two ideas – ‘constitutionalism’ and ‘pluralism …, with the state as its key unit of analysis. As for pluralism, whether a ‘first order’ pluralism of social constituencies …
Persistent link: https://www.econbiz.de/10008611205
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United they diverge? From conflicts of law to constitutional theory? On Christian Joerges’ theory
Menéndez, Agustín José - RECON - 2011
This working paper offers a reconstruction and critical analysis of Joerges’ conflicts theory of European Union law. It is claimed that the theory of European conflicts is structured around three key premises: first, that there are functional and normative reasons to transcend the autarchic...
Persistent link: https://www.econbiz.de/10008855325
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Constitutionalism beyond the state: myth or necessity?
Cohen, Jean L. - RECON - 2010
Constitutionalism beyond the state is a deeply contested project. The emergence of global governance and global laws that directly affect individuals and regulate the conduct of states toward their own citizens raise questions about the basic hierarchy of authority among states, regional bodies...
Persistent link: https://www.econbiz.de/10008645015