European Constitutional Language

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

András Jakab (Author)

9781107576926, Cambridge University Press

Paperback / softback, published 13 December 2018

504 pages, 7 tables
23 x 15 x 2.5 cm, 0.76 kg

'This book has a number of merits: it is a systematic and easily readable presentation … of the the most important pending issues in present-day European constitutional discourse; moreover it convincingly shows possible and desirable developments. The author reveals an impressive command of the relevant literature on a number of topical constitutional debates. Furthermore, he is faithful to his work programme, which admits and, to a certain extent, advocates the political nature of the constitutional discourse. … In the ongoing debate about the European constitution, this book is a remarkable contribution, providing fundamental conceptual clarification and suggesting plausible paths for future evolution.' Giacomo Delledonne, European Law Review

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, András 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.

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.

Subject Areas: Constitutional & administrative law [LND], Legal history [LAZ], Jurisprudence & philosophy of law [LAB], Law [L]