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New Constitutional Horizons: Towards a Pluralist Constitutional Theory: Oxford Constitutional Theory

Autor Cormac S. Mac Amhlaigh
en Limba Engleză Hardback – 20 apr 2022
We live in a pluralist world of multi-level law and governance. More than ever before multiple legal systems and governing authorities at different levels - sub-state, state, supranational, international - are recognized as applying to, and claiming authority over, the affairs of the same sets of individuals and institutions. Yet our constitutional theories fail to adequately capture this pluralist state of affairs. This book examines some of the key conceptual and theoretical puzzles which the contemporary state of multilevel pluralism poses for our constitutional theories. It offers fresh perspectives on these questions by addressing the pluralism of norms and authorities from the viewpoint of legality and legitimacy respectively, proposing novel solutions for pluralizing constitutional theory in the light of contemporary multilevel governance. Our turbulent times are on a steady trajectory of ever-more pluralism of law and governance to tackle the defining social and political problems of our age including populism, pandemic, and climate change and this book provides an essential intervention in debates on how to pluralize constitutional theory to better understand and, perhaps more importantly, legitimize the tools to address these increasingly shared problems.
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Specificații

ISBN-13: 9780198852339
ISBN-10: 0198852339
Pagini: 256
Dimensiuni: 160 x 240 x 20 mm
Greutate: 0.56 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Oxford Constitutional Theory

Locul publicării:Oxford, United Kingdom

Recenzii

I strongly believe that New Constitutional Horizons is a well-constructed and thorough contribution to a debate that never gets old. I recommend its reading as it pushes us to rethink common places in constitutional pluralism and analytical legal theory.
New Constitutional Horizons: Towards a Pluralist Constitutional Theory by Cormac Mac Amhlaigh is an invitation to rethink constitutional theory from a multifaceted perspective. The book correlates multilevel interactions of power, that are influenced by various factors, including constitutional law, as well as explores the possibility of a normative model capable of solving the peculiarities of this complex relationship, involving the participation of internal democratic institutions within each country, as well as those that operate at the international level. For instance, power dynamics can arise among individuals, groups, organisations, and institutions, and may be affected by variables such as race, gender, social class, religion, and nationality.
New Constitutional Horizons:Towards a Pluralist Constitutional Theory clarifies our new legal and political reality...In a world where boundaries between legal systems are constantly increasing in obscurity, Mac Amhlaigh's book provides us with much needed clarity. The advancements in legal and constitutional theory made therein render this contribution an essential handbook to all those who wish to advance, or simply understand, constitutional pluralism and plurality.
New Constitutional Horizons: Towards a Pluralist Constitutional Theory by Cormac Mac Amhlaigh is an invitation to rethink constitutional theory from a multifaceted perspective.
This proposed solution meets legitimacy head-on: transnational constitutionalism is legitimate insofar as it successful achieves the valuable tasks we set for it.
This is a rich and provocative book...It will be required reading for scholars of transnational constitutionalism, and more generally of interest to legal theorists, political philosophers, and international, transnational and EU lawyers.

Notă biografică

Cormac S. Mac Amhlaigh is Senior Lecturer in Public Law at the University of Edinburgh School of Law. He received his PhD from the European University Institute and his research focuses on UK constitutional law, public law and constitutional theory, the relevance and use of public law concepts beyond the state, and the theory and practice of human rights law.