Overview
The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.
Full Product Details
Author: Luis I Gordillo
Publisher: Bloomsbury Publishing PLC
Imprint: Hart Publishing
Dimensions:
Width: 15.60cm
, Height: 2.20cm
, Length: 23.40cm
Weight: 0.800kg
ISBN: 9781849462211
ISBN 10: 1849462216
Pages: 410
Publication Date: 25 April 2012
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Hardback
Publisher's Status: Active
Availability: Manufactured on demand
We will order this item for you from a manufactured on demand supplier.
Reviews
Finalmente, hay que decir que, en conjunto, la capacidad cientifica y de abstraccion de la que hace gala el professor de la Universidad de Deusto es extraordinaria. Ha aportado una nueva perspective del Derecho internacional, a mi juicio, jamas asi tratada, y de calidad descomunal. -- Por Alberto Oehling de Los Reyes * Anuario Iberoamericano de Justica Constitucional, Volume 16 * One of the merits of this book, together with its richness in terms of information and investigation and despite the incredible amount of literature existing in this field, is that Gordillo manages to find an autonomous collocation in such a scholarly ocean by making his argument very clear. Even the structure of the work reflects the rigorous methodology chosen for this intellectual enterprise...it is well documented and presents an originality of its own. -- Giuseppe Martinico * Common Market Law Review * ... an eminently readable, insightful book. Gordillo is on to something, and hopefully further research will be done, by him and by others, exploring the full potential of his 'interordinal constitutionalist' approach as an alternative to other existing models. -- Lucas Lixinski * British Yearbook of International Law, Volume 82, No.1 *
Finalmente, hay que decir que, en conjunto, la capacidad cientifica y de abstraccion de la que hace gala el professor de la Universidad de Deusto es extraordinaria. Ha aportado una nueva perspective del Derecho internacional, a mi juicio, jamas asi tratada, y de calidad descomunal. Por Alberto Oehling de Los Reyes Anuario Iberoamericano de Justica Constitucional Volume 16, 2012 One of the merits of this book, together with its richness in terms of information and investigation and despite the incredible amount of literature existing in this field, is that Gordillo manages to find an autonomous collocation in such a scholarly ocean by making his argument very clear. Even the structure of the work reflects the rigorous methodology chosen for this intellectual enterprise...it is well documented and presents an originality of its own. Giuseppe Martinico Common Market Law Review 2013 . an eminently readable, insightful book. Gordillo is on to something, and hopefully further research will be done, by him and by others, exploring the full potential of his 'interordinal constitutionalist' approach as an alternative to other existing models. Lucas Lixinski British Yearbook of International Law Volume 82, No.1, January 2012
an eminently readable, insightful book. Gordillo is on to something, and hopefully further research will be done, by him and by others, exploring the full potential of his 'interordinal constitutionalist' approach as an alternative to other existing models.Lucas LixinskiBritish Yearbook of International LawVolume 82, No.1, January 2012
Author Information
Luis I Gordillo is an Associate Professor at the University of Deusto, Bilbao.
