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National Constitutions in the Era of Integration


ISBN13: 9789041196965
ISBN: 904119696X
Published: February 1999
Publisher: Kluwer Law International
Format: Hardback
Price: £156.00





Constitutionalists have not been eager to deal with the legal structures and problems of the European integration process from the viewpoint of the nation-state and have often surrendered the treatment of these issues to Community law experts.;This text offers a presentation of different nation-state constitutional approaches to the problems of European integration. It covers a number of diverse nation-state constitutional approaches to the phenomenon of integration and various integration processes in the contemporary world. Topics of particular focus include: the formation of supranational and federal structures; the relationship and differences between these two kinds of structures and a possible conflict between them; and the problems of European integration.;The International Association of Constitutional Law organized a Round Table Conference in Turku, Finland in May 1997 on the theme of this book. The contributions comprise the updated papers delivered at the Turku Round Table.

Contents:
Section One: Constitutional Power.
2. Constitution-Making and the Legitimacy of the Constitution; F. Venter.
3. A propos Constituent Power: Some General Views in a Modern Context; C. Klein.
4. The Influence of Contemporary International Law on the Exercise of Constituent Power; D. Maus. Section Two: Sovereignty.
5. Transferring Powers of a Nation-State to International Organisations: The Doctrine of Sovereignty Revisited; A. Jyranki.
6. Denmark's Maastricht Ratification Case: The Constitutional Dimension; H. Rasmussen.
7. Why We Should Not Take Sovereignty Too Seriously; Y. Hasebe. Section Three: Federalism.
8. Understanding Federalism; L. Kramer.
9. The Nation-State Federalism and European Integration: Two Different Strategies of Diversity Accommodation; L.R. Basta.
10. Unity of the Legal System or Legal Pluralism: The Stufenbau Doctrine in Present Day Europe; T. Ohlinger.
11. Federal States in Federal Europe: The German Lander and Problems of European Integration; J. Kokott.