The European Union and its Order: The Legal Theory of European Integration

Born of a series of research seminars, supported by the ESRC and the European Law Journal, this book tackles the most pressing issue raised by intensified European integration: the demise of sovereign states and the design of theoretical frameworks within which issues of post–national democracy and legal legitimacy might be considered. Decoupling "law" from "state", the various contributions raise fundamental questions about the political legitimacy and constitutionality of the European Union’s normative order, and begin to develop new structures for the meaningful evaluation of the post–statal organization. Still firmly rooted in a liberalized market, but now also concerned with far broader political and social issues, the EU has challenged the traditionally strict demarcation between law, political science and economics. By bringing together all three disciplines to study the legal theory implications of the EU, this book offers its readers a novel methodology: analyzing the constitutionalization of the European legal order with an eye to "real–world" political and economic concerns.

Spis treści:
Preface (Zenon Bankowski and Andrew Scott).
1. Law Without a State? On Representing the Common Market (Hans Lindahl and Bert van Roermund).
2. The European Union as an Essentially Contested Project (Zenon Bankowski and Emilios Christodoulidis).
3. Sovereignty and Differentiated Integration in the European Union (Neil Walker).
4. The Problem of Membership in European Union Citizenship (Jo Shaw).
5. Beyond the Bundesverfassungsgericht: On the Necessary Cunning of Constitutional Reasoning (Michelle Everson).
6. Does the European Union Pervert Democracy? Questions of Democracy in New Constitutional Thought on the Future.
7. Legitimacy and Governance Beyond the European Nation State: Conceptualising Governance in the European Union (Caitriona Carter and Andrew Scott).
8. The Limits of European Union Citizen ship (Carole Lyons).
9. Democracy, Sovereignty and the Constitution of the Europe Union: The Republican Alternative to Liberalism (Richard Bellamy and Dario Castiglione).
10. Identity and Democracy in the New Europe (Ian Ward).
Index

Nota biograficzna:
Zenon Bankowski is Professor of Legal Theory at the Centre for Law and Society, School of Law, Edinburgh University. He studied at Dundee and Glasgow Universities and taught at Cardiff University before he came to Edinburgh. He has edited Informatics and the Foundations of Legal Reasoning (with I. White, U. Hahn. 1995) and Law and Power (with K. Tuori and J. Uusitalo, Deborah Charles, 1997) and is the co–author of Beyond Fear: Vision, Hope and Generosity, St. Andrew′s Press 1998 (with A. Morton, G. Blount, S. Barron, J. Hughes).
Andrew Scott is Jean Monnet Senior Lecturer in the Economics of the European Union at the Europa Institute, University of Edinburgh. He has published widely in the area of European integration, and particularly on the topics of monetary union, regional policy and the EU governance issue. He was formerly Editor of the Journal of Common Market Studies.

Okładka tylna:
Born of a series of research seminars, supported by the ESRC and the European Law Journal, this book tackles the most pressing issue raised by intensified European integration: the demise of sovereign states and the design of theoretical frameworks within which issues of post–national democracy and legal legitimacy might be considered. Decoupling "law" from "state", the various contributions raise fundamental questions about the political legitimacy and constitutionality of the European Union’s normative order, and begin to develop new structures for the meaningful evaluation of the post–statal organization. Still firmly rooted in a liberalized market, but now also concerned with far broader political and socia l issues, the EU has challenged the traditionally strict demarcation between law, political science and economics. By bringing together all three disciplines to study the legal theory implications of the EU, this book offers its readers a novel methodology: analyzing the constitutionalization of the European legal order with an eye to "real–world" political and economic concerns.