The Constitutional Theory of the Federation and the European Union

$9.99

The Constitutional Theory of the Federation and the European Union
Authors: Signe Rehling Larsen
Year: 2021
Publisher: Oxford University Press
Language: english
ISBN 13: 9780198859260
ISBN 10: 198859260
Categorie: Jurisprudence and Law, Constitutional Law
Pages: 240 / 224
Edition:

Availability: 5000 in stock

SKU: 9780198859260 Categories: ,

The Constitutional Theory of the Federation and the European Union Signe Rehling Larsen
From the start of the European integration process, one question has puzzled scholars: what type of political association is the European Union? In absence of an agreed upon response, most scholars have suggested that the European Union is ‘sui generis’. This book challenges the sui generis
thesis by demonstrating that the EU is not a unique form of association, but rather a federal union of states, or what this book calls a federation. This is a discrete form of political association on par with, though differentiated from, political modernity’s two other main forms, namely the state
and the empire.
The federation cannot be understood on the basis of the general theory of the state or its concept of sovereignty. The ‘statist’ imaginary still dominates both the debates on federalism and the EU, meaning that all federal policies are either seen as ‘confederal’ associations of sovereign states or
sovereign federal states. This book challenges this binary by demonstrating that the federation is not a ‘super state’ but a discrete political form with its own constitutional theory. It is characterized by a double political existence, a lack of internal hierarchy, and the internal absence,
contestation, or repression of sovereignty. This book details the key aspects of federal constitutional theory and how this theory accounts for the EU’s constitutional form as well as the crises it has faced in recent years.
This book is broken into five chapters that cover the introduction to federalism, origins of the EU, state transformation and teleology, unity in diversity, and emergency rule without a sovereign. This book draws on a variety of literatures and historical material to help the reader develop a
critical understanding of ‘constitutional myths’ and the theory of federalism.
Categories:
Jurisprudence & Law – Constitutional Law
Year:
2021
Publisher:
Oxford University Press
Language:
english
Pages:
24 224
ISBN 10:
0198859260
ISBN 13:
9780198859260
File:
39 MB

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The Constitutional Theory of the Federation and the European Union
$9.99

Availability: 5000 in stock