The Legitimacy of European Constitutional Orders : : A Comparative Inquiry / / Marco Dani, Marco Goldoni, and Agustín J. Menéndez, editors.

• TeilnehmendeR: Dani, Marco,; Goldoni, Marco,; Menéndez, Agustín José,; Edward Elgar Publishing,
• Place / Publishing House: Northampton : : Edward Elgar Publishing,, 2023.
• Year of Publication: 2023
• Edition: First edition.
• Language: English
• Physical Description: 1 online resource (342 pages)
• Notes: Includes index.

"The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, taking into consideration the national constitutional traditions of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the trajectories followed by European national constitutional orders in their efforts to attain legitimacy. More in particular, the book investigates Bruce Ackerman's influential world constitutionalism project and engages with the three legitimacy pathways put forward therein; that is, the revolutionary, the establishment, and the elite pathways. Such ideal trajectories are revisited and found in need of being questioned so as to furnish the conceptual tools essential in the efforts of reconstructing and assessing the European constitutional orders. The book also considers the relevance of constitutional transformation and change in comparative constitutional law, and accounts for the manifold impacts of the European integration process on national constitutional trajectories. Offering an original perspective on the issue of constitutional legitimacy in the European context, this comprehensive book will be of interest to scholars and students of comparative law, constitutional law, European law, political science and constitutional theory as well as researchers and practitioners in these fields"-- Provided by publisher.

Table of Contents

Front Matter -- Copyright -- Contents -- Contributors -- Acknowledgements -- 1. Treading alongside the legitimacy pathways: an introduction -- PART I Questioning the Legitimacy Pathways Theory -- 2. The Democratic and Social Constitutional State as the paradigm of the post-World War II European constitutional experience -- 3. The concept of revolution as a key to comparison: Ackerman's 'Revolutionary Constitutions' and Gramsci's 'Passive Revolutions' -- 4. Constitutionalism in postwar Europe: revolutionary or counter-revolutionary? -- PART II Questioning the Revolutionary Pathway -- 5. A republic of parties: the Italian constitutional order through the lenses of the constitutional regime -- 6. Portugal: from transformative to open constitutionalism -- 7. Is France (really) revolutionary? -- PART III Questioning the Establishment Pathway -- 8. The British constitution in Ackerman's worldview: a critique -- 9. Constitutional pathways in Scandinavia -- 10. The elites, the people, and their court -- 11. Revolution and elite negotiations: deconstructing constitutional pathways in Hungary and Poland -- PART IV Legitimacy Pathways and European Integration -- 12. The constitutionalization of European integration as a single, protracted 'constitutional moment' towards the establishment of EU final authority -- 13. Incompatible constitutional paths? Making (constitutional) sense of the existential crisis of the European Union -- 14. Afterword: European dilemmas -- Index.