Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional Law (4)
- Constitutionalism (4)
- European Union (3)
- Pluralism (3)
- Comparative Constitutional Law (2)
-
- Comparative Law (2)
- Constitutional Interpretation (2)
- Constitutional Pluralism (2)
- Accomplish (1)
- Bosnia–Hercegovina (1)
- Catholic (1)
- Community (1)
- Constitutional norms (1)
- East Timor (1)
- Eric Stein (1)
- European private law (1)
- External Relations (1)
- Federalism (1)
- Global Governance (1)
- Hugh Collins (1)
- Individuals (1)
- International law (1)
- Joseph Weiler (1)
- Legal unification (1)
- Legislation (1)
- Nascent states (1)
- Private law unification (1)
- Regulating Contracts (1)
- Regulation (1)
- Rule of Law (1)
Articles 1 - 7 of 7
Full-Text Articles in Comparative and Foreign Law
Joseph Weiler, Eric Stein, And The Transformation Of Constitutional Law, Daniel Halberstam
Joseph Weiler, Eric Stein, And The Transformation Of Constitutional Law, Daniel Halberstam
Book Chapters
This chapter pursues that idea in three parts. Part I reviews the key contributions of The Transformation of Europe. Part II takes us back for a critical analysis of the idea of ‘constitutionalism’ as first developed by Eric Stein and then deployed by Joseph Weiler. On closer inspection, we shall see here that The Transformation of Europe may have neglected a core element of constitutional law, something this chapter terms a ‘generative space’ for law and politics. As this part further explains, recognising this generative element of constitutionalism lies at the heart of the struggle to make sense both practically …
Constitutional Heterarchy: The Centrality Of Conflict In The European Union And The United States, Daniel Halberstam
Constitutional Heterarchy: The Centrality Of Conflict In The European Union And The United States, Daniel Halberstam
Book Chapters
In the debates about whether to take constitutionalism beyond the state, the European Union invariably looms large. One element, in particular, that invites scholars to grapple with the analogy between the European Union and global governance is the idea of legal pluralism. Just as the European legal order is based on competing claims of ultimate legal authority among the European Union and its member states, so, too, the global legal order, to the extent that we can speak of one, lacks a singular, uncontested hierarchy among its various parts. To be sure, some have argued that the UN Charter provides …
Local, Global And Plural Constitutionalism: Europe Meets The World., Daniel Halberstam
Local, Global And Plural Constitutionalism: Europe Meets The World., Daniel Halberstam
Book Chapters
The idea that constitutionalism is central to the legitimate exercise of public power has dominated the modern liberal imagination since the Enlightenment. The ideal of limited collective self-governance has spawned a rich and highly diverse tradition of hard-fought national constitutions from the time of the Glorious Revolution into the present. Today, however, constitutionalism faces its greatest challenge yet: the question of its continued relevance to modern governance. With the explosion of governance beyond the state, many wonder whether constitutionalism as we know it is being marginalized or altogether undermined.
Top-Down Or Bottom-Up? A Look At The Unification Of Private Law In Federal Systems, Daniel Halberstam, Mathias Reimann
Top-Down Or Bottom-Up? A Look At The Unification Of Private Law In Federal Systems, Daniel Halberstam, Mathias Reimann
Book Chapters
At its current stage, European private law is still more an aspiration than a reality. It is true that there is a substantial body of European private law on the Union level; and it is also true that there are private law principles and rules shared by many—often by most, and sometimes even by all—European legal systems. Still, in most areas, we do not at present have one body of positive private law for all of Europe, but rather a coexistence of more or less similar national laws. Thus, to the extent one considers a European private law desirable, one …
Pluralism In Marbury And Van Gend, Daniel Halberstam
Pluralism In Marbury And Van Gend, Daniel Halberstam
Book Chapters
‘Great cases, like hard cases, make bad law’, Oliver Wendell Holmes, Jr, famously remarked in his first Supreme Court dissent. For Holmes, ‘great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment’. On this account neither Marbury v Madison70 nor Van Gend en Loos would qualify. Van Gend was a case of great principle without greatly interesting facts. And Marbury was a great political battle that nevertheless produced a case of great principle.
Federal Powers And The Principle Of Subsidiarity., Daniel Halberstam
Federal Powers And The Principle Of Subsidiarity., Daniel Halberstam
Book Chapters
Federal systems across the world are generally designed according to the principle of subsidiarity, which in one form or another holds that the central government should play only a supporting role in governance, acting if and only if the constituent units of government are incapable of acting on their own. The word itself is related to the idea of assistance, as in “subsidy,” and is derived from the Latin “subsidium,” which referred to auxiliary troops in the Roman military. See Oxford Latin Dictionary s.v. (1983).
Regulatory Frameworks In International Law, Hilary Charlesworth, Christine M. Chinkin
Regulatory Frameworks In International Law, Hilary Charlesworth, Christine M. Chinkin
Book Chapters
Regulatory theory is concerned with how various forms of regulation, including law, govern social interaction. Much of the theoretical work on legal regulation has been developed in the context of domestic law. This chapter examines international law in the particular setting of regulation of outsider entities, such as failed and nascent states, that is where international regulation fills the vacuum caused by the collapse of domestic institutions and the rule of law. Through a brief examination of international regulation in Bosnia–Hercegovina and East Timor, this chapter asks what light a regulatory lens sheds on international law. Drawing on Hugh Collins's …