Transnational Constitutionalism
International and European Perspectives

Leading scholars explore constitutional themes from both international and European law and theory perspectives.

Nicholas Tsagourias (Edited by)

9780521872041, Cambridge University Press

Hardback, published 19 July 2007

392 pages
23.6 x 16 x 3.3 cm, 0.75 kg

Review of the hardback: 'The book attempts to not restrain itself to a narrow perspective; it encloses legal and socio-political accounts, scholars from the European as well as the international level, promoters and sceptics and voices from different theoretical backgrounds such as Kelsenian, system theories and Habermas. … This book … shows that it is important to deviate from the standard perception of a constitution as a single mono-level document in favour of constituting elements assembled from national, regional and international documents. Definitely it is a book that has the potential to kindle further discussion and give an overview of what has been reached so far.' Eva Julia Lohse, internationalconstitutionallaw.net

An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

Constitutionalism - a theoretical roadmap N. Tsagourias
Part I. States, Courts and Constitutional Principles: 1. The rejection of the universal state P. Capps
2. The standing of states in the European Union P. Eleftheriadis
3. The constitutional role of general principles of law in international and European jurisprudence N. Tsagourias
4. Proportionality and discretion in international and European law J. Rivers
Part II. Transnational Constitutional Interface: 5. Hierarchy in organizations: regional bodies and the United Nations N. White
6. The multilevel constitution of European foreign relations R. Wessel
7. Self-determination of peoples and transnational regimes as foundational principle of global governance A. Skordas
8. Challenges to international and European corporatism presented by deliberative trends in governance T. Novitz
Part III. Visions of International Constitutionalism: 9. The meaning of international constitutional law B. Fassbender
10. The never-ending closure: constitutionalism and international law W. Werner.

Subject Areas: Public international law [LBB], EU & European institutions [JPSN2]