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Vol 22 No 3 March/April 2017

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Simon Mortimore
Price: £225.00

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Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State


ISBN13: 9780198759072
Published: April 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £60.00



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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.

Subjects:
Constitutional and Administrative Law
Contents:
Introduction: Constitutionalism Beyond the State: Assessing the Stakes
1: The Trilemma of Constitutional Authority
2: The Theory of Functional Constitutionalism
3: Market Freedoms and Human Rights
4: Law, Democracy, and Citizenship in the European Union
5: Free Movement: A Citizenship of Aliens
6: The Non-discrimination Principle: Unbounding the State
Conclusion: The EU Without Illusions

Series: Oxford Constitutional Theory

Unconstitutional Constitutional Amendments: The Limits of Amendment Powers ISBN 9780198768791
Published February 2017
Oxford University Press
£60.00
Constitutional and Political Theory: Selected Writings ISBN 9780198714965
Published January 2017
Oxford University Press
£70.00
The Cosmopolitan Constitution ISBN 9780198797944
Published October 2016
Oxford University Press
£24.99
Constitutionalism: Past, Present, and Future ISBN 9780198766124
Published September 2016
Oxford University Press
£60.00
Post Sovereign Constitutional Making: Learning and Legitimacy ISBN 9780198755982
Published March 2016
Oxford University Press
£60.00
Popular Sovereignty in Early Modern Constitutional Thought ISBN 9780198745167
Published February 2016
Oxford University Press
£60.00
The Cultural Defense of Nations: A Liberal Theory of Majority Rights ISBN 9780199668687
Published November 2015
Oxford University Press
£50.00
The Cultural Defense of Nations: A Liberal Theory of Majority Rights (eBook) ISBN 9780191646447
Published November 2015
Oxford University Press
£41.67 + £8.33 VAT
(ePub)
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Constitutional Courts and Deliberative Democracy ISBN 9780198759454
Published October 2015
Oxford University Press
£24.99
The Three Branches: A Comparative Model of Separation of Powers ISBN 9780198738084
Published March 2015
Oxford University Press
£24.99
The Global Model of Constitutional Rights ISBN 9780198738077
Published January 2015
Oxford University Press
£24.99
Constituting Economic and Social Rights ISBN 9780198727897
Published October 2014
Oxford University Press
£24.99
The Cosmopolitan Constitution (eBook) ISBN 9780191030925
Published July 2014
Oxford University Press
£41.67 + £8.33 VAT
(ePub)
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The Cosmopolitan Constitution ISBN 9780199651535
Published July 2014
Oxford University Press
£50.00
The Structure of Pluralism: On the Authority of Associations ISBN 9780199673889
Published March 2014
Oxford University Press
£53.00
The Structure of Pluralism: On the Authority of Associations (eBook) ISBN 9780191655661
Published March 2014
Oxford University Press
£41.67 + £8.33 VAT
(ePub)
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Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780198713968
Published February 2014
Oxford University Press
£26.49
Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780198713951
Published January 2014
Oxford University Press
£26.49
Constitutional Courts and Deliberative Democracy ISBN 9780199670451
Published December 2013
Oxford University Press
£53.00
Constitutional Courts and Deliberative Democracy (eBook) ISBN 9780191650178
Published December 2013
Oxford University Press
£41.67 + £8.33 VAT
(ePub)
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Fault Lines of Globalization: Legal Order and the Politics of A-Legality ISBN 9780199601684
Published October 2013
Oxford University Press
£53.00
The Cosmopolitan State ISBN 9780199682423
Published May 2013
Oxford University Press
£56.00
The Cosmopolitan State (eBook) ISBN 9780191504983
Published May 2013
Oxford University Press
£46.67 + £9.33 VAT
(ePub)
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After Public Law ISBN 9780199669318
Published May 2013
Oxford University Press
£56.00
The Three Branches: A Comparative Model of Separation of Powers (eBook) ISBN 9780191651618
Published March 2013
Oxford University Press
£20.82 + £4.16 VAT
(ePub)
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The Three Branches: A Comparative Model of Separation of Powers ISBN 9780199602117
Published March 2013
Oxford University Press
£56.00
The Global Model of Constitutional Rights ISBN 9780199664603
Published October 2012
Oxford University Press
£61.00
The Global Model of Constitutional Rights (eBook) ISBN 9780191642180
Published October 2012
Oxford University Press
£20.82 + £4.16 VAT
(ePub)
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The Constitutional State (eBook) ISBN 9780191637254
Published September 2012
Oxford University Press
£24.16 + £4.83 VAT
(ePub)
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The Constitutional State ISBN 9780199659937
Published September 2012
Oxford University Press
£30.49
Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199659968
Published September 2012
Oxford University Press
£30.49
Constituting Economic and Social Rights ISBN 9780199641932
Published August 2012
Oxford University Press
£61.00
Constituting Economic and Social Rights (eBook) ISBN 9780191639746
Published August 2012
Oxford University Press
£20.82 + £4.16 VAT
(ePub)
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£20.82 + £4.16 VAT
(ePub)
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Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780199592791
Published April 2012
Oxford University Press
£61.00
Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780199644674
Published February 2012
Oxford University Press
£56.00
Constitutional Fragments: Societal Constitutionalism and Globalization (eBook) ISBN 9780191629341
Published February 2012
Oxford University Press
£20.82 + £4.16 VAT
(ePub)
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Twilight of Constitutionalism? ISBN 9780199651993
Published January 2012
Oxford University Press
£30.49
Sovereignty's Promise: The State as Fiduciary ISBN 9780199698318
Published December 2011
Oxford University Press
£58.00
Sovereignty's Promise: The State as Fiduciary (eBook) ISBN 9780191630217
Published December 2011
Oxford University Press
£45.83 + £9.17 VAT
(ePub)
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The Constitutional State ISBN 9780199585014
Published December 2010
Oxford University Press
£59.00
Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199228317
Published October 2010
Oxford University Press
£59.00
Twilight of Constitutionalism? ISBN 9780199585007
Published February 2010
Oxford University Press
£70.00
Twilight of Constitutionalism? (eBook) ISBN 9780191633669
Published February 2010
Oxford University Press
£24.16 + £4.83 VAT
(ePub)
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