
Europe's Second Constitution by Markus W Gehring
The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding light on these concerns, this book reveals a widespread misunderstanding of constitutional federalism, which permeates the Member State courts, popular media, and many academic communities. A failure to address confusion over this fundamental concept is leading us towards impoverished development of the EU's 'Second Constitution', and even ensuring that the role of both domestic and international European courts in enriching the constitutionalisation process is overlooked and undervalued. In a bid to avoid such consequences, this book explores how federalism and further constitutionalisation - rightly understood in a dialogue of the European courts - may actually change this process and allow a clearer advance toward Europe's Second Constitution for, but also with, the people of Europe.-
Parliamentary Sovereignty
-
Legal Sabotage
-
A.V. Dicey and the Common Law Constitutional Tradition
-
Global Gender Constitutionalism and Women's Citizenship
-
The Anti-Nazi Origins of Militant Democracy
-
Constitutionalizing the Private Sphere
-
Courts in the Age of Polarization
-
Militant Rule of Law
-
Judging for Democracy
-
Local Meanings of Proportionality
-
Australia's Constitution after Whitlam
-
Administrative Competence
-
Judges on Trial
-
Lawyering for the Rule of Law
-
The New Commonwealth Model of Constitutionalism
-
Property Rights and Social Justice
-
The Veiled Sceptre
-
Proportionality
-
Beyond Expropriation Without Compensation
-
Constitutional Dialogue
-
Dimensions of Dignity
-
Fundamental Rights and the Legal Obligations of Business
-
The Alchemists
-
Non-Statutory Executive Powers and Judicial Review
-
The Politics of Principle
-
Bills of Rights in the Common Law
-
Balancing Constitutional Rights
-
Courting Constitutionalism
-
Searching for the State in British Legal Thought
-
Reason of State
-
Parliamentary Bills of Rights
-
Building the Constitution
-
Hans Kelsen on Constitutional Democracy
-
Alter-Native Constitutionalism
-
The Collaborative Constitution
-
The Failures of Others
-
Proportionality and Constitutional Culture
-
Proportionality in Action
'Europe's Second Constitution offers a rich and powerful reminder that while incremental change is a natural development in every 'living' constitution, there must nonetheless also be 'constitutional moments' when a generation leaps forward to address the problems of the futureEurope today requires such a leap - and this wonderful new contribution explores the obstacles in the past and present that continue to block a 'second' EU Constitution.' Robert Schutze, Professor of European and Global Law, Durham Law School and College of Europe, Bruges
Markus Gehring, J.S.D. (Yale), MA (Cantab), LLM (Yale), Dr iur (Hamburg), is a University Lecturer in Law at the Faculty of Law, University of Cambridge. He serves as affiliated Lecturer in European and International Law at Politics and International Studies (POLIS), University of Cambridge. He is an Expert in the Centre for European Legal Studies (CELS), Fellow and Director of Studies in Law at Hughes Hall and a Fellow of the Lauterpacht Centre for International Law. Dr. Gehring is also an affiliated Lecturer in the Department of Land Economy and a Fellow of the Centre for Environment, Energy and Natural Resources Governance (C-EENRG). He edits a book series on Treaty Implementation for Sustainable Development with Cambridge University Press and is author of several publications on EU, International and Sustainable Development Law.
| SKU | Unavailable |
| ISBN 13 | 9781108487962 |
| ISBN 10 | 1108487963 |
| Title | Europe's Second Constitution |
| Author | Markus W Gehring |
| Series | Cambridge Studies In Constitutional Law |
| Condition | Unavailable |
| Binding Type | Hardback |
| Publisher | Cambridge University Press |
| Year published | 2020-09-24 |
| Number of pages | 350 |
| Cover note | Book picture is for illustrative purposes only, actual binding, cover or edition may vary. |
| Note | Unavailable |





































