Coverart for item
The Resource Euroconstitutionalism and its discontents, Oliver Gerstenberg

Euroconstitutionalism and its discontents, Oliver Gerstenberg

Label
Euroconstitutionalism and its discontents
Title
Euroconstitutionalism and its discontents
Statement of responsibility
Oliver Gerstenberg
Creator
Author
Subject
Language
eng
Summary
This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. This book challenges the common view that constitutionalization means de-politicization. It argues that courts can exert a more indirect, creative, and agenda-setting role in the process of an ongoing clarification of the meaning of a right. The CJEU and the ECtHR - as courts beyond the nation state - are able to constructively re-open and re-politicize controversies that may appear settled at the national level in their constitutionalizing jurisprudence. And, crucially, our understanding of shared European constitutional principles is itself subject to revision and reconsideration as we accumulate experiences of dealing with diverse national contexts. 0By examining the jurisprudence of the CJEU and the ECtHR, the book demonstrates that in domain after domain, ranging from the protection of the vulnerable in the European social market to the guarantee of freedom of conscience, which in Europe emerged after many centuries of religious persecution, both courts can enhance and deepen democracy and thereby encourage the liberal project of constitutionalism beyond the state. Over time, once interpretive answers have become established in practice, courts can then move towards stronger forms of judicial intervention that consolidate best practice. It is this democratic and experimental process which lies at the heart of the distinctive model of contemporary Euroconstitutionalism
Member of
Cataloging source
YDX
http://library.link/vocab/creatorName
Gerstenberg, Oliver
Index
index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
Oxford constitutional theory
http://library.link/vocab/subjectName
  • European Court of Human Rights
  • Court of Justice of the European Union
  • Constitutional law
  • Constitutional law
Label
Euroconstitutionalism and its discontents, Oliver Gerstenberg
Instantiates
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
24 cm.
Edition
First edition.
Extent
xix, 164 pages
Isbn
9780198834335
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1048949798
Label
Euroconstitutionalism and its discontents, Oliver Gerstenberg
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
24 cm.
Edition
First edition.
Extent
xix, 164 pages
Isbn
9780198834335
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1048949798

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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