New Constitutional Horizons: Towards a Pluralist Constitutional Theory

New Constitutional Horizons: Towards a Pluralist Constitutional Theory

by Cormac S. Mac Amhlaigh
New Constitutional Horizons: Towards a Pluralist Constitutional Theory

New Constitutional Horizons: Towards a Pluralist Constitutional Theory

by Cormac S. Mac Amhlaigh

eBook

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Overview

We live in a pluralist world of multi-level law and governance. More than ever before multiple legal systems and governing authorities at different levels - sub-state, state, supranational, international - are recognized as applying to, and claiming authority over, the affairs of the same sets of individuals and institutions. Yet our constitutional theories fail to adequately capture this pluralist state of affairs. This book examines some of the key conceptual and theoretical puzzles which the contemporary state of multilevel pluralism poses for our constitutional theories. It offers fresh perspectives on these questions by addressing the pluralism of norms and authorities from the viewpoint of legality and legitimacy respectively, proposing novel solutions for pluralizing constitutional theory in the light of contemporary multilevel governance. Our turbulent times are on a steady trajectory of ever-more pluralism of law and governance to tackle the defining social and political problems of our age including populism, pandemic, and climate change and this book provides an essential intervention in debates on how to pluralize constitutional theory to better understand and, perhaps more importantly, legitimize the tools to address these increasingly shared problems.

Product Details

ISBN-13: 9780192593467
Publisher: OUP Oxford
Publication date: 03/21/2022
Series: Oxford Constitutional Theory
Sold by: Barnes & Noble
Format: eBook
Pages: 248
File size: 735 KB

About the Author

Cormac S. Mac Amhlaigh is Senior Lecturer in Public Law at the University of Edinburgh School of Law. He received his PhD from the European University Institute and his research focuses on UK constitutional law, public law and constitutional theory, the relevance and use of public law concepts beyond the state, and the theory and practice of human rights law.

Table of Contents

1. Introduction: The 'Circumstances of Constitutional Pluralism'Part I: Legality2. The Possibility of Constitutional Plurality3. Law Beyond the Shadow of the State4. Moving Beyond the Monist Manner in Theorizing Constitutional PluralityPart II: Legitimacy5. Constitutional Dualisms6. What's Wrong with Constitutionalism? Between Cacophony and Coercion7. What's Wrong with Transnational Constitutionalism? Dealing with the No-Demos Thesis8. What's Right with (Transnational) Constitutionalism: Towards an Interpretive Transnational Constitutional Pluralism
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