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Economic Constitutionalism in a Turbulent World

Author: Achilles Skordas

Publisher: Edward Elgar Publishing

Published: 2023-05-28

Total Pages: 0

ISBN-13: 9781789907568

This insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism, placing the discussion within contemporary theoretical frameworks. Chapters explore the protection of fundamental rights under the new economic governance of the Eurozone, the constitutionalization of the internal market, and the relationship between international judicial authority, social systems, and geoeconomics. Bringing together scholars with expertise in international and European law, the book examines recent case studies including the EU internal market, WTO law, the CETA, and the ICJ. Offering a variety of legal and theoretical perspectives, this book will be essential reading for students and scholars in constitutional and administrative law, European and international economic law, global governance studies, and trade law. It will also be beneficial for political scientists and sociology theorists looking to gain an understanding of the legal foundations of economic constitutionalism.

Economic Constitutionalism in a Turbulent World

Author: Achilles Skordas

Publisher: Edward Elgar Publishing

Published: 2023-05-09

Total Pages: 379

ISBN-13: 1789907578

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The Idea of Economic Constitution in Europe

Author:

Publisher: BRILL

Published: 2022-06-08

Total Pages: 847

ISBN-13: 9004519351

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Behind the controversies that have marked the history of the idea of Economic Constitution emerges the highly political issue of the room for manoeuvre left to public authorities in the economic sphere. The notion thus encapsulates a fundamental tension: between democracy and rule of law, which model of legal ordering of the economy should prevail? From physiocrats to neo-liberals, from the Weimar Republic to European integration, from national constitutions to Global Governance, this collective book invites us to explore the genealogy of the controversial concept of Economic Constitution. The result of this interdisciplinary dialogue is a comprehensive reflection on the legal and political issues at stake in the current constitutionalization of the market order in Europe. Contributors are: Philippe Steiner, Guillaume Grégoire, Hugues Rabault, Peter C. Caldwell, Thomas Biebricher, Werner Bonefeld, Serge Audier, Vincent Valentin, Pieter van Cleynenbreugel, Xavier Miny, Frédéric Marty, Claire Mongouachon, Hans-Wolfgang Micklitz, Francesco Martucci, Michael Wilkinson, Hjalte Lokdam, Susanna Maria Cafaro, Peter Lindseth, Cristina Fasone, Pierre Nihoul, François Colly, Peter-Christian Müller-Graff, Tony Prosser, Damien Piron, Mahmoud Mohamed Salah, Stephen Gill, Thibault Biscahie, Sebastien Adalid, and Christian Joerges. Derrière les controverses qui jalonnent l’histoire de l’idée de Constitution économique émerge la question éminemment politique de la marge de manœuvre laissée aux autorités publiques dans la sphère économique. La notion cristallise ainsi une tension fondamentale : entre démocratie et État de droit, quel doit être modèle d’organisation et d’ordonnancement juridique de l’économie? Des physiocrates aux néolibéraux, de la République de Weimar à l’intégration européenne, des constitutions nationales à la Global Governance, cet ouvrage collectif nous invite dès lors à explorer la généalogie du concept polémique de Constitution économique. Les auteurs ouvrent alors, à travers un dialogue interdisciplinaire constant, une réflexion globale autour des enjeux juridiques et politiques du processus actuel de constitutionnalisation de l’ordre de marché en Europe.

Conflict and Transformation

Author: Christian Joerges

Publisher: Bloomsbury Publishing

Published: 2022-10-06

Total Pages: 619

ISBN-13: 1509926976

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In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe's darker legacies. This is an important critical (and candid) assessment of Europe at its half century.

The New Economic Governance of the Eurozone

Author: Paul Dermine

Publisher: Cambridge University Press

Published: 2022-07-28

Total Pages: 425

ISBN-13: 1009216619

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An in-depth study of the Eurozone's economic governance and its constitutional foundations.

India and the European Union in a Turbulent World

Author: Rajendra K. Jain

Publisher: Springer Nature

Published: 2020-07-16

Total Pages: 246

ISBN-13: 9811539170

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The book examines how the European Union, which in the past had tended to be seen by India as an undervalued partner, is now increasingly part of most conversations in fields like the economy, technology, standards, best practices, development, defence and security. The book shows that the renewed focus on Europe is the result of changing geopolitics, India’s own priorities, Europe’s growing relevance in the post-Brexit era, China’s expanding footprint in the continent, and the search for alternatives to the loss of the UK as the gateway to Europe. The uncertainty inherent in the Brexit process and with the UK ceasing/having ceased to be the traditional gateway to Europe, India has been compelled to revisit, re-examine and rethink its own policies towards Europe and search for alternatives to Britain.

Europe's Functional Constitution

Author: Turkuler Isiksel

Publisher: Oxford University Press

Published: 2016

Total Pages: 305

ISBN-13: 019875907X

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Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of "functional constitutionalism" to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.

The Statecraft of Consensus Democracies in a Turbulent World

Author: José M. Magone

Publisher: Taylor & Francis

Published: 2016-12-19

Total Pages: 365

ISBN-13: 131540785X

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Drawing on the work of Arend Lijphart, this book focuses on consensus democracies. These democracies entail a complex set of democratic institutional and conventional arrangements and can be regarded as a product of path-dependent development towards a national culture of compromise and bargaining. Taking a multi-dimensional and multi-spatial approach, this book examines the West central European consensus democracies of Austria, Belgium, Luxembourg, Netherlands and Switzerland, over the past 40 years. Magone examines how these democracies have been transformed by Europeanization thrusts and global turbulence yet are able to maintain political stability. It provides historical context including the different phases of transformation: the golden period (1945-1979); disorganised capitalism (1979-1993); and re-equilibration (1993-). It includes chapters on political culture, government, parliament, the rise of populism and political parties, subnational government, and the political economy and concludes deliberating on the relevance of consensus democracies’ experiences for the future of European and global governance. Based on original research, this book will be of strong interest to students and scholars of comparative politics, European government, West European politics, the politics of small states in Europe, and those with a particular interest in the politics of Austria, Belgium, the Netherlands, Luxembourg and Switzerland.

Transformative Constitutionalism in Latin America

Author: Armin von Bogdandy

Publisher: Oxford University Press

Published: 2017-06-16

Total Pages: 448

ISBN-13: 0192515462

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This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.

State and Civil Society in Northern Europe

Author: Lars Trägårdh

Publisher: Berghahn Books

Published: 2007

Total Pages: 300

ISBN-13: 9781845451875

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In the current neo-liberal political and economic climate, it is often suggested that a large and strong state stands in opposition to an autonomous and vibrant civil society. However, the simultaneous presence in Sweden of both a famously large public sector and an unusually vital civil society poses an interesting and important theoretical challenge to these views with serious political and policy implications. Studies show that in a comparative context Sweden scores very highly when it comes to the strength and vitality of its civil society as well as social capital, as measured in terms of trust, lack of corruption, and membership of voluntary associations. The "Swedish Model," therefore, offers important insights into the dynamics of state and civil society relations, which go against current trends of undermining the importance of the welfare state, and presents autonomous civic participation as the only way forward.