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Vol 23 No 10 Oct/Nov 2018

Book of the Month

Cover of Civil Fraud: Law, Practice and Procedure

Civil Fraud: Law, Practice and Procedure

Edited by: Thomas Grant, David Mumford
Price: £219.00

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Euroconstitutionalism and its Discontents


ISBN13: 9780198834335
To be Published: November 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £60.00



This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. This book challenges the common view that constitutionalization means de-politicization. It argues that courts can exert a more indirect, creative, and agenda-setting role in the process of an ongoing clarification of the meaning of a right. The CJEU and the ECtHR - as courts beyond the nation state - are able to constructively re-open and re-politicize controversies that may appear settled at the national level in their constitutionalizing jurisprudence. And, crucially, our understanding of shared European constitutional principles is itself subject to revision and reconsideration as we accumulate experiences of dealing with diverse national contexts.

By examining the jurisprudence of the CJEU and the ECtHR, the book demonstrates that in domain after domain, ranging from the protection of the vulnerable in the European social market to the guarantee of freedom of conscience, which in Europe emerged after many centuries of religious persecution, both courts can enhance and deepen democracy and thereby encourage the liberal project of constitutionalism beyond the state. Over time, once interpretive answers have become established in practice, courts can then move towards stronger forms of judicial intervention that consolidate best practice. It is this democratic and experimental process which lies at the heart of the distinctive model of contemporary Euroconstitutionalism.

Subjects:
Constitutional and Administrative Law, EU Law
Contents:
1: Non-Finality and Dialogue in Constitutional Interpretation: Towards an Analytic Taxonomy of Non-Courtcentric Conceptions of Judicial Review
2: Adjudicating the European Social Market: Negative Constitutionalism Redux?
3: Democratic Experimentalism and the Public Sphere: Freedom of Conscience, Free Speech, and Non-Discrimination
4: Conclusion
Index

Series: Oxford Constitutional Theory

Constitutional and Political Theory: Selected Writings ISBN 9780198714972
To be published May 2019
Oxford University Press
£19.99
Religion, Law, and Democracy: Selected Writings ISBN 9780198818632
To be published April 2019
Oxford University Press
£70.00
Popular Sovereignty in Early Modern Constitutional Thought ISBN 9780198824237
Published August 2018
Oxford University Press
£29.95
Beyond the People: Social Imaginary and Constituent Imagination ISBN 9780198799092
Published June 2018
Oxford University Press
£60.00
The Metaethics of Constitutional Adjudication ISBN 9780198808084
Published December 2017
Oxford University Press
£60.00
Law and Revolution: Constitutionalism after the Arab Spring ISBN 9780198768890
Published November 2017
Oxford University Press
£60.00
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
£26.49
Constitutionalism: Past, Present, and Future ISBN 9780198766124
Published September 2016
Oxford University Press
£66.00
Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State ISBN 9780198759072
Published April 2016
Oxford University Press
£66.00
Post Sovereign Constitutional Making: Learning and Legitimacy ISBN 9780198755982
Published March 2016
Oxford University Press
£66.00
Popular Sovereignty in Early Modern Constitutional Thought ISBN 9780198745167
Published February 2016
Oxford University Press
£66.00
The Cultural Defense of Nations: A Liberal Theory of Majority Rights ISBN 9780199668687
Published November 2015
Oxford University Press
£55.00
The Cultural Defense of Nations: A Liberal Theory of Majority Rights (eBook) ISBN 9780191646447
Published November 2015
Oxford University Press
£20.79 + £4.16 VAT
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Constitutional Courts and Deliberative Democracy ISBN 9780198759454
Published October 2015
Oxford University Press
£27.49
The Three Branches: A Comparative Model of Separation of Powers ISBN 9780198738084
Published March 2015
Oxford University Press
£30.49
The Global Model of Constitutional Rights ISBN 9780198738077
Published January 2015
Oxford University Press
£30.49
Constituting Economic and Social Rights ISBN 9780198727897
Published October 2014
Oxford University Press
£30.49
The Cosmopolitan Constitution ISBN 9780199651535
Published July 2014
Oxford University Press
£64.00
The Cosmopolitan Constitution (eBook) ISBN 9780191030925
Published July 2014
Oxford University Press
£22.07 + £4.41 VAT
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The Structure of Pluralism: On the Authority of Associations (eBook) ISBN 9780191655661
Published March 2014
Oxford University Press
£56.67 + £11.33 VAT
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The Structure of Pluralism: On the Authority of Associations ISBN 9780199673889
Published March 2014
Oxford University Press
£68.00
Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780198713968
Published February 2014
Oxford University Press
£33.99
Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780198713951
Published January 2014
Oxford University Press
£33.99
Constitutional Courts and Deliberative Democracy (eBook) ISBN 9780191650178
Published December 2013
Oxford University Press
£22.91 + £4.58 VAT
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Constitutional Courts and Deliberative Democracy ISBN 9780199670451
Published December 2013
Oxford University Press
£68.00
Fault Lines of Globalization: Legal Order and the Politics of A-Legality ISBN 9780199601684
Published October 2013
Oxford University Press
£68.00
Fault Lines of Globalization: Legal Order and the Politics of A-Legality (eBook) ISBN 9780191511530
Published October 2013
Oxford University Press
£56.67 + £11.33 VAT
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The Cosmopolitan State ISBN 9780199682423
Published May 2013
Oxford University Press
£72.00
The Cosmopolitan State (eBook) ISBN 9780191504983
Published May 2013
Oxford University Press
£60.00 + £12.00 VAT
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After Public Law (eBook) ISBN 9780191648007
Published May 2013
Oxford University Press
£60.00 + £12.00 VAT
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After Public Law ISBN 9780199669318
Published May 2013
Oxford University Press
£72.00
The Three Branches: A Comparative Model of Separation of Powers ISBN 9780199602117
Published March 2013
Oxford University Press
£72.00
The Three Branches: A Comparative Model of Separation of Powers (eBook) ISBN 9780191651618
Published March 2013
Oxford University Press
£25.41 + £5.08 VAT
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The Global Model of Constitutional Rights (eBook) ISBN 9780191642180
Published October 2012
Oxford University Press
£25.41 + £5.08 VAT
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The Global Model of Constitutional Rights ISBN 9780199664603
Published October 2012
Oxford University Press
£79.00
The Constitutional State (eBook) ISBN 9780191637254
Published September 2012
Oxford University Press
£32.91 + £6.58 VAT
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The Constitutional State ISBN 9780199659937
Published September 2012
Oxford University Press
£39.49
Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199659968
Published September 2012
Oxford University Press
£37.49
Constituting Economic and Social Rights ISBN 9780199641932
Published August 2012
Oxford University Press
£79.00
Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780199592791
Published April 2012
Oxford University Press
£79.00
£28.32 + £5.66 VAT
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Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780199644674
Published February 2012
Oxford University Press
£72.00
Constitutional Fragments: Societal Constitutionalism and Globalization (eBook) ISBN 9780191629341
Published February 2012
Oxford University Press
£28.32 + £5.66 VAT
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Twilight of Constitutionalism? ISBN 9780199651993
Published January 2012
Oxford University Press
£37.49
Sovereignty's Promise: The State as Fiduciary ISBN 9780199698318
Published December 2011
Oxford University Press
£74.00
Sovereignty's Promise: The State as Fiduciary (eBook) ISBN 9780191630217
Published December 2011
Oxford University Press
£61.67 + £12.33 VAT
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The Constitutional State ISBN 9780199585014
Published December 2010
Oxford University Press
£75.00
Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199228317
Published October 2010
Oxford University Press
£75.00
Twilight of Constitutionalism? ISBN 9780199585007
Published February 2010
Oxford University Press
£90.00
Twilight of Constitutionalism? (eBook) ISBN 9780191633669
Published February 2010
Oxford University Press
£31.24 + £6.25 VAT
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