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Author:   Gareth Davies ,  Matej Avbelj
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781786433084

ISBN 10:   1786433087
Pages:   448
Publication Date:   25 May 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents: 1. Introduction Matej Avbelj, Gareth Davies Part I The Nature of European Legal Pluralism 2. Claim-Making and Parallel Universes: Legal Pluralism from Church and Empire to Statehood and the European Union Poul F. Kjaer 3. Subverting Sovereignty's Voluntarism: Pluralism and Subsidiarity in Cahoots Maria Cahill 4. From Pluralism to Perspectivism Kaarlo Tuori Part II Theorizing EU Constitutional Pluralism 5. The Anatomy of Constitutional Pluralism in the European Union Cormac Mac Amhlaigh 6. Constitutional Conflicts and Agonistic Pluralism: What Can We Learn From Political Theory? Giuseppe Martinico 7. Human Dignity and EU Legal Pluralism Matej Avbelj 8. Constitutional Pluralism Beyond Monism and Dualism Francois-Xavier Millet 9. Triangular Constitutionalism: The Consequences of Constitutional Pluralism for Domestic Constitutional Thought Tom Flynn 10. The Sociological Concept of EU Constitutional Pluralism Jiri Priban Part III EU Legal Pluralism and Democracy 11. Pluralism through Its Denial: The Success of EU Citizenship Dimitry Kochenov and Justin Lindeboom 12. The False Promise of Constitutional Pluralism Nik de Boer 13. The Metabolic Constitution and the Limits of EU Legal Pluralism Peter Lindseth 14. Of Politics and Pluralism: Governmentality and the EU Legal Order Jessica Lawrence 15. The Pluralist Socio-economic Character of the European Treaties Clemens Kaupa Part IV The Practice of EU Legal Pluralism and its Future 16. Is there Room for Legal Pluralism in EU Relations with Third States? A Study of Nordic Approaches to European Integration Paivi Leino and Liisa Leppavirta 17. Constitutional Pluralism and Judicial Adjudication: On Legal Reasoning, Minimalism and Silence by the Court of Justice Suvi Sankari 18. Interpretative Pluralism within EU Law Gareth Davies 19. Discretion, not Rules: Postunitary Constitutional Pluralism in the Economic and Monetary Union Matthias Goldmann 20. The EU's Relationship to International Law: Lessons from Brexit Pavlos Eleftheriadis 21. Legal Pluralism in the European Regulation of Border Control: Disassembling, Diffusing, and Legalising the Power to Exclude Galina Cornelisse 22. The Dangers of Constitutional Pluralism R. Daniel Kelemen Afterword 23. Pluralism Then and Now Neil Walker Index

Reviews

`This collection will be of real value to all those interested in the difficult and topical questions of legal pluralism in the European Union. At a time of significant stress within the EU economic, political and legal orders, the essays address a range of themes and topics ranging from broad theoretical and constitutional reflections to more focused case studies of EMU, citizenship, migration and border control, and the EU's relations with non-EU states. The editors have assembled an impressive array of scholars from across the EU to present their particular understandings and critiques of the idea of legal and constitutional pluralism, to interrogate the relationship of legal pluralism to democracy, and to investigate the significance of these ideas in the European Union at present.' -- Grainne de Burca, New York University School of Law, US `Legal pluralism has become a central concept by which to unpack EU and trans-national law. It remains, however, an under-applied and under-theorised framework. This Handbook decisively fills this gap, developing pluralism's theoretical foundations in novel directions through an outstanding group of contributors and using the concept to re-visit active debates in EU law and politics. I would recommend it to anyone as the definitive guide to legal pluralism in the EU for decades to come.' -- Mark Dawson, Hertie School of Governance, Germany

Author Information

Edited by Gareth Davies, Professor of EU Law, Department of Transnational Legal Studies, Faculty of Law, Vrije Universiteit Amsterdam, the Netherlands and Matej Avbelj, Associate Professor of European Law, Graduate School of Government and European Studies, Nova Univerza, Slovenia

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