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Europe's Second Constitution

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Europe's Second Constitution

Europe's Second Constitution

Crisis, Courts and Community
Markus W. Gehring, University of Cambridge
September 2020
Available
Hardback
9781108487962
    Description

    The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding light on these concerns, this book reveals a widespread misunderstanding of constitutional federalism, which permeates the Member State courts, popular media, and many academic communities. A failure to address confusion over this fundamental concept is leading us towards impoverished development of the EU's 'Second Constitution', and even ensuring that the role of both domestic and international European courts in enriching the constitutionalisation process is overlooked and undervalued. In a bid to avoid such consequences, this book explores how federalism and further constitutionalisation - rightly understood in a dialogue of the European courts - may actually change this process and allow a clearer advance toward Europe's Second Constitution for, but also with, the people of Europe.

    • Provides in-depth analysis of the case law of the Court of Justice of the EU
    • Reviews the EU through a constitutional/federal lens
    • Highlights obstacles and opportunities for further integration in Europe towards a 'Second Constitution'

    Reviews & endorsements

    'Europe’s Second Constitution offers a rich and powerful reminder that while incremental change is a natural development in every 'living' constitution, there must nonetheless also be 'constitutional moments' when a generation leaps forward to address the problems of the future. Europe today requires such a leap - and this wonderful new contribution explores the obstacles in the past and present that continue to block a 'second' EU Constitution.' Robert Schütze, Professor of European and Global Law, Durham Law School and College of Europe, Bruges

    See more reviews

    Product details

    September 2020
    Hardback
    9781108487962
    350 pages
    240 × 160 × 30 mm
    0.8kg
    1 b/w illus. 2 tables
    Available

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    Contents

    Table of Contents

    • Part I. Introduction:
    • 1. Introduction
    • Part II. Demos Obstacles to Constitutionalisation:
    • 2. The importance of Demos
    • 3. Civitas obstacles to European constitutionalism
    • 4. Ius obstacles to European constitutionalism
    • 5. Addressing the legal obstacles to EU constitutionalism
    • 6. Conclusions.
      • Show more

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    About the authors
      Author
    • Markus W. Gehring , Faculty of Law, University of Cambridge, Hughes Hall and Centre for International Sustainable Development Law

      Markus Gehring, J.S.D. (Yale), MA (Cantab), LLM (Yale), Dr iur (Hamburg), is a University Lecturer in Law at the Faculty of Law, University of Cambridge. He serves as affiliated Lecturer in European and International Law at Politics and International Studies (POLIS), University of Cambridge. He is an Expert in the Centre for European Legal Studies (CELS), Fellow and Director of Studies in Law at Hughes Hall and a Fellow of the Lauterpacht Centre for International Law. Dr. Gehring is also an affiliated Lecturer in the Department of Land Economy and a Fellow of the Centre for Environment, Energy and Natural Resources Governance (C-EENRG). He edits a book series on Treaty Implementation for Sustainable Development with Cambridge University Press and is author of several publications on EU, International and Sustainable Development Law.

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