Download Constitutional Change in the EU: From Uniformity to by Grainne De Burca, Joanne Scott PDF

By Grainne De Burca, Joanne Scott

This choice of essays goals to deal with the altering constitutional framework of the eu Union, and a few of the altering styles of governance inside this complicated polity. the first objective of the publication is to envision the plain and slow shift within the paradigm of ecu governance from one emphasizing the significance of uniformity and harmonization to at least one which embraces a considerable measure of suppleness and differentiation. The chapters variety from wide, theoretical mirrored image at the constitutional implications of differentiation and adaptability for the eu polity, to extra centred case stories which research a variety of sorts of nearer co-operation, variable geometry and suppleness current in particular coverage components. a few of the contributions interrogate the level to which there has truly been any major switch of paradigm, and others discover the various various meanings and circumstances of suppleness that have emerged. total, in offering numerous views and techniques of addressing those vital and topical questions, the gathering brings into concentration either the issues and the capability methods ahead for Europe which those constitutional advancements recommend.

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Arguably, however, such a conception is most appropriate to a world in which sources and jurisdiction in general, and these ones in particular, are clearly delineated and stable over time, as in the established Westphalian order, and that where precisely this is brought into question the need for some additional conceptual tools becomes urgent. This point is underscored if we acknowledge that our conceptual inheritance bears at least some responsibility for the rather inflexible tramlines within which contemporary debate about the adaptability of constitutional values to the nonstate sphere takes place.

31 G. Teubner, “ ‘Global Bukowina’: Legal Pluralism in the World Society” in G. ), Global Law Without a State (Aldershot: Dartmouth, 1997) 3–30. 28 Flexibility within a Metaconstitutional Frame 17 types of state-transcending regulation in those discrete sectors of civil society served, for example, by commercial law (lex mercatoria), environmental law and even international sports law. But while such developments are significant, they are not at the expense of public frameworks of governance. Rather, there have been, and continue to take place, significant institutional developments in the public as well as the private sphere.

Whatever the case, in no circumstances does it concede the normative superiority of state law. Metaconstitutionalism always conceives of its own authority as original and irreducible. Why does cosmopolitan metaconstitutionalism provide a useful way of thinking about contemporary non-domestic public law in general and about flexibility and the emerging multi-dimensional configuration of legal authority in particular? Before we can address that question, we must fill out the conceptual bare bones of cosmopolitan metaconstitutionalism as follows.

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