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Vol 21 No 11 Nov/Dec 2016

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European Constitutional Language


ISBN13: 9781107130784
Published: April 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £89.99



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If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted.

In this groundbreaking new work, Andras Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based.

He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond.

Subjects:
Constitutional and Administrative Law, EU Law
Contents:
1. Introduction

Part I. The Grammar: The Rules of Constitutional Reasoning:
2. Constitutional reasoning in general
3. A scheme of the specific methods of interpretation
4. The conceptual system of constitutional law
5. Dialects or local grammars: the style of constitutional reasoning in different European countries

Part II. Suggested Vocabulary as a Patchwork Historical Collection of Responses to Different Challenges:
6. Sovereignty and European integration
7. The rule of law, fundamental rights and the terrorist challenge in Europe and elsewhere
8. The constitution of Europe
9. Democracy in Europe through parliamentarisation
10. Constitutional visions of the nation and multi-ethnic societies in Europe

Part III. Redundant Vocabulary:
11. Staatslehre as constitutional theory?
12. The Stufenbaulehre as a basis for a constitutional theory?
13. Principles as norms logically distinct from rules?
14. Public law - private law divide?

Part IV. Concluding Remarks.