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The Europe Union in search of a democratic and constitutional theory / Amaryllis Verhoeven

Main Author Verhoeven, Amaryllis Country Holanda. Publication The Hague : Kluwer Law International, cop. 2002 Description XX, 402 p. ; 25 cm Series European monographs , 38 ISBN 90-411-1872-1 CDU 341.217:061.1UE 061.1UE:341.217 342:061.1UE 061.1UE:342
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Item type Current location Call number Status Date due Barcode Item holds Course reserves
Monografia Biblioteca Geral da Universidade do Minho
BGUM 341.217:061.1UE - V Available 375953
Monografia Biblioteca Geral da Universidade do Minho
BGUM 341.217:061.1UE - V Available 409431

Mestrado em Direito dos Negócios, Europeu e Transnacional Direito da União Europeia 1º semestre

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Enhanced descriptions from Syndetics:

European integration confronts us with the limits of current constitutional and democratic language. The way out of this impasse will only appear through a refinement of what we consider the European Union to be as a political entity and of our concepts of democracy. In this challenging and thoughtful new book Professor Verhoeven recognizes the continuity of this project with social contract theory and the federal ideal --and uncovers the specific aspects of democracy and constitutionalism the EU has already embraced -- while showing how the terms and presuppositions of those persistent conceptual frameworks must be fundamentally revised.

At the root of these necessary revisions lies the irreversible onset of multiculturalism and globalisation, twin challenges that force us to reconsider issues of sovereignty and self-governance.

rofessor Verhoeven does not neglect the much-debated issues at the centre of her topic. Her analysis extends to such critiques as the view of the European constitution as a Court-led process of vertical integration, the meaning of EU citizenship, variability in EU decision-making procedures, the concept of institutional balance, territorial differences in the application of EU law, the whole area of delegated rule-making and the relationship between the European and national legal orders.

As a thorough investigation of how democracy and constitutionalism can be reconceptualised in order to meet the challenge of European integration, The European Union in Search of a Democratic and Constitutional Theory will greatly reward the attention of lawyers, policymakers, and scholars in the field.

Table of contents provided by Syndetics

  • Democratic and Constitutional Theory at the Cross-Roads
  • I Democracy, Legitimacy and Constitutionalism: Basic Notions
  • II Statal Democratic and Constitutional Theory under the Twin Challenges of Globalisation and Multiculturalism
  • The Democracy Deficit and the Constitutional Deficit
  • I Diagnosing the Democracy Deficit of the European Union
  • II Overcoming the Standard Vision on European Constitutionalism
  • The Constitution of the European Union Revisited
  • I What Constitution Does the European Union Have?
  • II The European Union as Process towards an Ever Closer Union
  • III Citizenship as Supranational Demos
  • Managing Unity in Diversity: The Challenge of Variability
  • I Introduction: Variability as a Challenge to Democratic Constitutionalism
  • II Decisional Variability: The Question of Democratic Representation
  • III On Territorial Variability
  • European and Member State Law: Autonomous Systems in a Common Constitutional Area
  • I Towards a Pluralist Understanding of the Relationship between the European and National Legal Orders
  • II Fundamental Rights Protection in a Moderate Pluralist Setting
  • General Conclusion

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