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Thursday, July 9, 2020 | History

5 edition of Constitutional Law and National Pluralism found in the catalog.

Constitutional Law and National Pluralism

by Stephen Tierney

  • 39 Want to read
  • 19 Currently reading

Published by Oxford University Press, USA .
Written in English


The Physical Object
Number of Pages371
ID Numbers
Open LibraryOL7404375M
ISBN 100199265569
ISBN 109780199265565

About Territorial Pluralism in Europe. Following a functional method of comparative constitutional law, on which the ERC-funded European and National Constitutional law project is based, the current book provides for an important study of the application of the federal principle within the European constitutional space. The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. His research interests include comparative law, constitutional law, and legal theory.

  More recently, the theory of constitutional pluralism has received harsh criticism in the light of the interpretations put forward by the German Federal Constitutional Court, where it retained for itself the ultimate power to interpret the core of the German Basic Law, even at the cost of a serious clash with the Court of Justice.   Depending on your professor, this book may be eminently helpful, or entirely useless. I, unfortunately, fell into the latter category as my Con. Law. professor preferred to teach using his own analytical approach to constitutional questions; I recognized the concepts and principles, but it won't necessarily work with how your professor wants you to approach s:

  A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national by:   This book offers the first overarching examination of constitutional pluralism. Comprehensively mapping out the leading contributions to date and solving the complicated labyrinth they currently form, Klemen Jaklic offers a complete assessment against existing and new criticisms while elaborating his own original vision.


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Constitutional Law and National Pluralism by Stephen Tierney Download PDF EPUB FB2

This book differs by offering a study of the consequences of these rights claims for legal systems. It examines the role played by law, especially constitutional law, in the negotiation of the complex relationships and competing rights claims involving the State, national minorities, and other groups and individuals within the State.

This book addresses the constitutional issues, both in theory and in practice, that accompany the existence of national diversity in pluralist democracies.

Tierney contends that the democratic plurinational state, characterized by the presence of more than one national group within the State, is a discrete category of multi-level polity which Cited by: Summary: "This book addresses the constitutional issues, both in theory and in practice, that accompany the existence of national diversity in pluralist democracies.

It focusses in particular upon recent developments in the United Kingdom, Canada, and Spain. This book addresses the constitutional issues, both in theory and in practice, that accompany the existence of national diversity in pluralist democracies.

Tierney contends that the democratic plurinational state, characterized by the presence of more than one national group within the State, is a discrete category of multi-level polity which defies the standard classifications of liberal.

Addresses the constitutional issues, both in theory and in practice, that accompany the existence of national diversity in pluralist democracies. This work examines the legal issues which arise from the challenges posed by sub-state nations within multinational democracies to the constitutional and institutional structures of particular States.

This book addresses the constitutional issues, both in theory and in practice, that accompany the existence of national diversity in pluralist democracies. This book differs by offering a study of the consequences of these rights claims for legal systems.

It examines the role played by law, especially constitutional law, in the negotiation of the complex relationships, and competing rights claims involving the State, national minorities, and other groups and individuals within the : Stephen Tierney.

Stephen Tierney, Constitutional Law and National Pluralism Stephen Tierney, Constitutional Law and National Pluralism Oliver, Peter C the edinburgh law review In conclusion, it should be pointed out that this is of course not a biography in the conventional sense.

Although these dimensions are linked, it is therefore not primarily concerned with getting to the. According to constitutional monism that has dominated our political and legal thought for centuries, all law and political power of a given territory derive in some ultimate sense from a single and ultimately hierarchical source of constitutional authority, such as that territory’s sovereign people and their constitution.

Over the last twenty years some leading European constitutionalists. Today, he presents a new collection of essays entitled Debating Legal Pluralism and Constitutionalism: New Trajectories for Legal Theory in the Global Age (Springer, ).

This book results from the XXth General Congress of the International Academy of Comparative Law in Fukuoka, Japan ( July ). The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it.

While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field.

Konrad Lachmayer, The Constitution of Austria in International Constitutional Networks: Pluralism, Dialogues and Diversity, National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law, /, (), (). Nico Krisch’s new book, Beyond Constitutionalism: The Pluralist Structure of Post-National Law (BC), is a major contribution to the field of legal pluralism as applied to international legal regimes.

1 In clear and accessible prose, BC develops a nuanced account of the structural features of global law from a wide range of carefully considered normative positions and empirical claims, and. Get this from a library. Constitutional law and national pluralism. [Stephen Tierney] -- Since the s, sub-state national minorities in a number of developed liberal democracies have both reasserted their cultural distinctiveness and demanded recognition of it in legal and political.

Building on the studies on legal pluralism, multilevel democracy, transnational constitutional law, the fragmentation of authority as well as the multiplication of (bottom-up) claims, the aim of this research group is threefold. Inazu makes esoteric law concepts very clear to a non-lawyer, yet his argumentation style and word choices reflect all of the compact force of a legally trained mind.

I found myself underlining frequently and thinking of more and more people that need to read this book. Both timely and timeless in its applicability, this book is a true s:   Systems Pluralism and Institutional Pluralism in Constitutional Law: National, Supranational, and Global Governance U of Michigan Public Law Working Paper No.

45 Pages Posted: 11 Feb Last revised: 9 Apr Constitutional law and national pluralism. [Stephen Tierney] Home. WorldCat Home About WorldCat Help. Search. Search for Library Items Search for Lists Search for Contacts Search for a Library.

Create lists, bibliographies and reviews: or Search WorldCat. Find items in libraries near you. This thesis concerns the theoretical issues that arise in the application of the constitutional model known as the plurinational state, developed through the experience of such Western liberal democratic states as Canada, Spain and the United Kingdom, to non-Western contexts of national pluralism through the case study of Sri Lanka.

Nico Krisch’s new book, Beyond Constitutionalism: The Pluralist Structure of Post- National Law (BC), is a major contribution to the field of legal pluralism as applied to international legal regimes.1In clear and accessible prose, BC develops a nuanced account of the structural features of global law from a wide range of carefully consid.

The book does not focus on the domestic side specifically, but it draws on theories first developed in the domestic context—legal pluralism, early federalism, “common” constitutionalism—and it has affinities with attempts made in recent years to reimagine national constitutional practices in a pluralist vein.

11 In many countries. This article rejects the normative claim made by constitutional pluralists that it is desirable to leave questions of ultimate legal authority open and unsettled in the EU context.

Not only is the concept of constitutional pluralism logically and practically untenable, it also presents grave dangers to the survival of the EU's judicial order. Though advocates of constitutional pluralism had.This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level.

It .