European Constitutional Language by Jakab, András;

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Product details:

Publisher Cambridge University Press
Date of Publication 15 April 2016

ISBN 9781107130784
Binding Hardback
No. of pages530 pages
Size 237x160x35 mm
Weight 910 g
Language English
Illustrations 7 tables

Short description:

Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.

Long description:

If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, Andr&&&225;s Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond.

'European Constitutional Language is an erudite explication and critique of the concepts on which constitutional theory must be founded, illuminating those concepts as well as important contemporary controversies. It is an example of comparative constitutional legal analysis at its best, sensitive to historical specificity and local variations, while also offering appropriate generalizations about basic concepts.' Mark Tushnet, Harvard Law School, Massachusetts

1. Introduction; Part I. The Grammar: The Rules of Constitutional Reasoning: 2. Constitutional reasoning in general; 3. A scheme of the specific methods of interpretation; 4. The conceptual system of constitutional law; 5. Dialects or local grammars: the style of constitutional reasoning in different European countries; Part II. Suggested Vocabulary as a Patchwork Historical Collection of Responses to Different Challenges: 6. Sovereignty and European integration; 7. The rule of law, fundamental rights and the terrorist challenge in Europe and elsewhere; 8. The constitution of Europe; 9. Democracy in Europe through parliamentarisation; 10. Constitutional visions of the nation and multi-ethnic societies in Europe; Part III. Redundant Vocabulary: 11. Staatslehre as constitutional theory?; 12. The Stufenbaulehre as a basis for a constitutional theory?; 13. Principles as norms logically distinct from rules?; 14. Public law - private law divide?; Part IV. Concluding Remarks.

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