Principles of European Constitutional Law Edited by Armin von Bogdandy and Jurgen Bast pdf

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Principles of European Constitutional Law Edited by Armin von Bogdandy and Jurgen Bast pdf download

Principles of European Constitutional Law Edited by Armin von Bogdandy and Jurgen Bast pdf download. 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 citizenship, protects fundamental rights, and regulates the relationships among legal orders as well as between law and politics.

Principles of European Constitutional Law Edited by Armin von Bogdandy and Jurgen Bast pdf download

Constitutional law is conceivable without a state, a nation, or an instrument that fulfills all the traditional requirements of a constitution. Reconstructing primary law as constitutional law yields useful insights, as this volume seeks to demonstrate. Such an endeavor does not imply a justification of primary law in force—rather, both achievements and deficits become apparent. This volume presents European constitutional law as it stands and, on that foundation, the Draft Treaty establishing a Constitution for Europe as agreed upon by the European Convention (CONV 850/03 of 18 July 2003, hereinafter CT-Conv) as well as the Treaty establishing a Constitution for Europe finally adopted by the ensuing Intergovernmental Conference (CIG 87/04 of 6 August 2004, hereinafter CT-IGC).

Principles of European Constitutional Law Edited by Armin von Bogdandy and Jurgen Bast pdf download

The work on the chapters was finalized in October 2004, the book reflects the European state of affairs of that time. The contributions present the theoretical and dogmatic fundamentals of European constitutional law from the perspective of German-speaking scholarship, reflect the state of research, clarify methodological approaches, illuminate legal doctrines and assumptions, and identify research desiderata. This volume brings together authors of varying methodologies and differing political approaches to integration; they are united by the desire to protect—and even to develop further—the existing constitutional culture within the Union.

Principles of European Constitutional Law Edited by Armin von Bogdandy and Jurgen Bast pdf download

This project is deeply indebted to Fritz Thyssen Stiftung, which generously financed the extensive collaboration of the authors. Stephan Bitter, Andreas Magnusson, Julia Schwartz, Michael Rötting, Robert Stelzer, Markus Wagner, and Joseph Windsor provided valuable assistance in the completion of the volume.

Principles of European Constitutional Law Edited by Armin von Bogdandy and Jurgen Bast pdf download

Principles of European Constitutional Law Edited by Armin von Bogdandy and Jurgen Bast pdf download


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