Franklin

The political dimension of constitutional law / Miguel Nogueira de Brito, Luís Pereira Coutinho, editors.

Publication:
Cham, Switzerland : Springer, 2020.
Format/Description:
Book
vi, 189 pages ; 24 cm
Status/Location:
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Subjects:
Europe.
Constitutional law.
Law -- Europe.
Political science.
Political science -- Philosophy.
European Union.
Law.
Summary:
This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory - including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre - address these questions in a timely and original way.
Contents:
Introduction
Part I
Fundamental Law
Fundamental Law
Expanding Legality and Losing Fundamental Law: On Martin Loughlins Dualist Conception of Public Law
Part II
A Political-Theological Dimension
Decision and Legal Interpretation
An Alternative Political Theology: The Negative and Anticipatory Significance of the Constitutive Concepts of Constitutional Law
Part III
Political Constitutional Law
Informal Constitutional Change and Political Law
"Liquid Constitutions" and Their Informal Changes
Part IV The Problem of European "Constitutional Law"
A Functional Alternative to Political Right: Social Contract Without a People
In Capital We Trust: The Eurozone: A Congeries of Material Norms Without a Constitution?
The Different Faces of Politics: Economic Governance and European Democracy.
Notes:
Includes bibliographical references.
Contributor:
Brito, Miguel Nogueira de, 1965-
Coutinho, Luis Pedro Pereira.
Other format:
Online version: Political dimension of constitutional law.
ISBN:
3030384586
9783030384586
3030384594
9783030384593
OCLC:
1130257725