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with an adherence to a ‘strict construction’ in the interpretation of EU law and the relative absence of instances of …
Persistent link: https://www.econbiz.de/10009492800
In recent years, the idea that constitutional modes of government are exclusive to states has become the subject of sustained challenge. This is due to the development in regional and global sites of regulatory institutions and practices which meet criteria normally associated with...
Persistent link: https://www.econbiz.de/10005040533
This paper explores how and to what extent it is possible to contribute to the democratisation of the European political order by means of modifying the ways in which taxes are deliberated upon, decided and collected in the old continent. In the first part, the author elucidates the particular...
Persistent link: https://www.econbiz.de/10005040539
is based on egalitarian and individualistic premises, and is related closely to the constitutional law and the … century led to a complete reconstruction, new foundation and globalization of all national and international law. The … evolutionary advances of the 20th century consisted in the emergence of world law, and this finally enabled the normative (not …
Persistent link: https://www.econbiz.de/10008926457
constitutional adjudication in hard cases (such as the resolution of conflicts between European and national constitutional law). In … constitutional law, without losing their institutional structure and identity. We claim that there are three basic insights in … constitutional synthesis. The first is that the constitutional law which frames and contributes to steer integration is characterised …
Persistent link: https://www.econbiz.de/10008754936
production of international or global law. Thus questions about the legitimacy of global law and governance arise particularly … best of what the older sovereignty regime of international law had to offer – constitutionalism, democracy, self …
Persistent link: https://www.econbiz.de/10008645015
This paper aims at putting forward the key elements of a constitutional theory of European law on the basis of D. Neil … MacCormick’s theory of European constitutional pluralism. Firstly, I consider how the institutional theory of law fleshed out by … constitutional theories of Community law. Because standard theoretical re-constructions of Community law are premised on the close …
Persistent link: https://www.econbiz.de/10008803020