The European Union and its Order The Legal Theory of European Integration

by Bankowski, Zenon; Scott, Andrew

• ISBN13: 9780631215042
• ISBN10: 0631215042
• Edition: 1st
• Format: Paperback
• Copyright: 2000-08-22
• Publisher: Wiley-Blackwell

Summary

Born of a series of research seminars, supported by the ESRC and the European Law Journal, this book tackles the most pressing issue raised by intensified European integration: the demise of sovereign states and the design of theoretical frameworks within which issues of post-national democracy and legal legitimacy might be considered. Decoupling law from state, the various contributions raise fundamental questions about the political legitimacy and constitutionality of the European Union's normative order, and begin to develop new structures for the meaningful evaluation of post-statal organization. Still firmly rooted in a liberalized market, but now also concerned with far broader political and social issues, the EU has challenged the traditionally strict demarcation between law, political science and economics. By bringing together all three disciplines to study the legal theory implications of the EU, this book offers its readers a novel methodology: analyzing the constitutionalization of the European legal order with an eye to real-world political and economic concerns.

Author Biography

Zenon Bankowski is Professor of Legal Theory at the Centre for Law and Society, School of Law, Edinburgh University. He studied at Dundee and Glasgow Universities and taught at Cardiff University before he came to Edinburgh. He has edited Informatics and the Foundations of Legal Reasoning (with I. White, U. Hahn. 1995) and Law and Power (with K. Tuori and J. Uusitalo, Deborah Charles, 1997) and is the co-author of Beyond Fear: Vision, Hope and Generosity, St. Andrew's Press 1998 (with A. Morton, G. Blount, S. Barron, J. Hughes).

Andrew Scott is Jean Monnet Senior Lecturer in the Economics of the European Union at the Europa Institute, University of Edinburgh. He has published widely in the area of European integration, and particularly on the topics of monetary union, regional policy and the EU governance issue. He was formerly Editor of the Journal of Common Market Studies.

Table of Contents

Preface	vii
Zenon Bankowski
Andrew Scott
Law Without a State? On Representing the Common Market	1	(16)
Hans Lindahl
Bert van Roermund
The European Union as an Essentially Contested Project	17	(14)
Zenon Bankowski
Emilios Christodoulidis
Sovereignty and Differentiated Integration in the European Union	31	(34)
Neil Walker
The Problem of Membership in European Union Citizenship	65	(26)
Jo Shaw
Beyond the Bundesverfassungsgericht: On the Necessary Cunning of Constitutional Reasoning	91	(22)
Michelle Everson
Does the European Union Pervert Democracy? Questions of Democracy in New Constitutionalist Thought on the Future of Europe	113	(18)
Daniel Wincott
Legitimacy and Governance Beyond the European Nation State: Conceptualising Governance in the European Union	131	(18)
Caitriona Carter
Andrew Scott
The Limits of European Union Citizenship	149	(20)
Carole Lyons
Democracy, Sovereignty and the Constitution of the Europe Union: The Republican Alternative to Liberalism	169	(22)
Richard Bellamy
Dario Castiglione
Identity and Democracy in the New Europe	191	(16)
Ian Ward
Index	207