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This paper considers whether, why and to what extent we should conceive of transnational regulation in constitutional terms. It distinguishes between two different candidates for transnational constitutional status. On the one hand, there are various actual or potential 'holistic' transnational...
Persistent link: https://www.econbiz.de/10013117100
This essay revisits the theory of constitutional pluralism. This theory was first developed in the EU context as a way of understanding and defending the absence of a broadly agreed source of final authority in the relationship between national and supranational (EU) legal systems and their...
Persistent link: https://www.econbiz.de/10012992872
This paper examines the relationship between constitutionalism and New Methods of Governance (NMG) in the EU. It argues that in many respects the relationship is one which tends to challenge, marginalise or misrepresent NMG. In particular, those state-derivative aspects of constitutionalism in...
Persistent link: https://www.econbiz.de/10012713306
Why have the constitutions of capitalist states traditionally paid limited regard to the economy, and why has the European Union ‘constitution’ accorded the economy a more prominent role? We address this question by reference to the variable prevalence of different models of the place of...
Persistent link: https://www.econbiz.de/10014095494