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Accommodating Diversity in Multilevel Constitutional Orders: Legal Mechanisms of Divergence and Convergence

Accommodating Diversity in Multilevel Constitutional Orders: Legal Mechanisms of Divergence and Convergence

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781032409801
  • 出版时间 July 2023
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,586.25

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  • 描述 
  • 大纲 
  • 详细

    This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions.

    The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy.

    This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

  • Foreword
    Bruno De Witte

    Section I: Theoretical Approaches
    Chapter 1. Introduction: The Dialectics in Multilevel Systems - Mechanisms of Divergence and Convergence
    Marjan Kos, Jaka Kukavica, and Maja Sahadžić
    Chapter 2. The Idea of ‘Interlegal Balancing’ in Multilevel Settings
    Gabriel Encinas
    Chapter 3. Non-Hierarchical Coordination Of Multi-Level Asymmetries for (Dynamic) Stability
    Finding the Balance Between Convergence and Divergence
    Maja Sahadžić
    Chapter 4. Constitutional Diversity and Differentiation in the EU: What Role for National Constitutional Demands under EU law?
    Marjan Kos

    Section II: Mechanisms in Constitutional and Human Rights Law
    Chapter 5. Between unity and diversity: EU data protection legislation as a catalyst for a constitutional trilogue
    Pieter Aertgeerts
    Chapter 6. Forgetting Identity Claims
    The New Constitutional Paradigm in Multilevel Fundamental Rights Standards
    Jakob Gašperin Wischhoff
    Chapter 7. Convergence and Divergence in EU External Action: The Very Slowly Emergent Doctrine of Shared Competence
    Thomas Verellen
    Chapter 8. A Convergence Movement Between the European Union's Economic Constitution and National Economic Constitutions - Lessons from the Portuguese Case
    Pedro Coutinho
    Chapter 9. Towards a General Typology of Consensus Analysis: From Entrenching Divergence to Constituting Convergence
    Jaka Kukavica

    Section III: Institutional Mechanisms
    Chapter 10. Convergence, Divergence and Strategic Interactions Of International Courts: Lessons from the Protection of Business Premises for Legal Persons in Europe
    Audrey M. Plan
    Chapter 11. Converging on Structures – The Influence of Court-Structure on Convergence and Divergence among Judges
    Alexander Lazović
    Chapter 12. Multilevel Governance in the EU Through Deliberative Democracy: Zooming into the Mechanism of the European Citizens’ Initiative
    Agata Magdalena Poznańska
    Chapter 13. EU law’s Contribution in Streamlining Member State Enforcement Structures: A Promising Mechanism for Convergence?
    Pieter Van Cleynenbreugel
    Chapter 14. Conclusion: Oscillating Between Unity and Diversity
    Jakob Gašperin Wischhoff and Julian Scholtes

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