tailieunhanh - Principles of European Constitutional Law

WHILE POLITICS WRESTLES with the Constitutional Treaty as the founding legal document de lege ferenda, this volume presents a European constitutional law—not as a mere project but as binding, valid law, as lex lata. Of course, no document in force carries this designation. Scholarly terminology, however, does not require the blessing of politics. There are good reasons to treat the European Union’s current primary law as constitutional law. After all, it establishes public power, legitimates legal acts, provides a citizenship, protects fundamental rights, and regulates the relationships among legal orders as well as between law and politics | Principles of European Constitutional Law While politics wrestles with the Constitutional Treaty this volume presents a European constitutional law not as a mere project but as binding law. There are good reasons to treat the European Union s current primary law as constitutional law it establishes public power legitimates legal acts provides a citizenship protects fundamental rights and regulates the relationships among legal orders as well as between law and politics. Reconstructing primary law as constitutional law yields useful insights as this volume seeks to demonstrate. This volume presents European constitutional law as it stands and on that foundation the Treaty establishing a Constitution for Europe. The contributions present its theoretical and doctrinal fundamentals from the perspective of German-speaking scholarship reflect the state of research clarify methodological approaches illuminate legal doctrines and assumptions and identify research desiderata. The perspectives on offer are not uniform but encompass varying methodologies and differing political approaches to integration. Volume 8 in the Series Modern Studies in European Law Modern Studies in European Law 1 Soft Law in European Community Law Linda Senden 2 The Impact of European Rights on National Legal Cultures Miriam Aziz 3 Partnership Rights Free Movement and EU Law Helen Toner 4 National Remedies Before the Court of Justice Michael Dougan 5 The National Courts Mandate in the European Constitution Monica Claes 6 EU Environmental Law Maria Lee 7 European Union Law and Defence Integration Martin Trybus 8 Principles of European Constitutional Law Armin von Bogdandy and Jurgen Bast Principles of European Constitutional Law Edited by Armin von Bogdandy and Jurgen Bast Max Planck Institute for Comparative Public Law and International Law HARTPUBLISHING OXFORD AND PORTLAND OREGON .