| Description |
1 online resource |
| Physical Medium |
polychrome |
| Description |
text file |
| Summary |
"If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, Andras Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond"-- Provided by publisher |
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"European Constitutional Language If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this ground-breaking new work, Andras Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond"-- Provided by publisher |
| Bibliography |
Includes bibliographical references and index. |
| Contents |
Cover; Half-title page; Title page; Copyright page; Dedication; Contents; Tables; Preface; 1 Introduction; Part I The grammar: the rules of constitutional reasoning; Part II Suggested vocabulary as a patchwork historical collection of responses to different challenges; Part III Redundant vocabulary; Part IV Concluding remarks; Bibliography; Index; 1.1 Constitutional theory as a language suggestion for a constitutional discourse; 1.2 The political nature of constitutional theory; 1.3 The role of historical and sociological knowledge; 1.4 Why 'European'?; 2 Constitutional reasoning in general. |
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3 A scheme of the specific methods ofinterpretation4 The conceptual system of constitutional law; 5 Dialects or local grammars: the style of constitutional reasoning in different European countries; 6 Sovereignty and European integration; 7 The rule of law, fundamental rights and the terrorist challenge in Europe and elsewhere; 8 The constitution of Europe; 9 Democracy in Europe through parliamentarisation; 10 Constitutional visions of the nation and multi-ethnic societies in Europe; 11 Staatslehre as constitutional theory?; 12 The Stufenbaulehre as a basis for a constitutional theory? |
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13 Principles as norms logically distinct from rules?14 Public law-private law divide?; 2.1 Constitutional reasoning and constitutional interpretation; 2.2 Constitutional interpretation and statutory interpretation; 2.3 The structure of arguments; 2.4 The need for clarifying the methods of interpretation; 3.1 The ordinary or technical meaning of the words; 3.2 Systemic arguments: arguments from the legal context; 3.3 Evaluating arguments: arguments from beyond the legal context; 3.4 Further arguments; 3.5 The relationship between the methods. |
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3.6 Conclusion on the suggested method of constitutional interpretation4.1 Coherence; 4.2 In defence of Begriffsjurisprudenz; 4.3 Typical mistakes when building a conceptual system of constitutional law; 5.1 Austria and Germany: focusing on the conceptual system; 5.2 France and the UK: limited judicial review resulting in limited conceptual sophistication; 5.3 Hungary and Spain: copying the German model after the end of the dictatorship; 5.4 Is there a European style of constitutional reasoning? |
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6.1 Taming the internal aspect of sovereignty: compromise strategies in national constitutional laws6.2 Taming the external aspect: challenges to international legal sovereignty; 6.3 Member State answers to (and ignorance of) the constitutional challenge of EU membership; 6.4 Finding a new compromise formula between national sovereignty and European integration; 6.5 Conclusion as to how to use 'sovereignty' in today's European constitutional discourse; 7.1 The original challenge to which the response was the rule of law: absolutism; 7.2 A challenge today: terrorism. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Language policy -- European Union countries.
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Language policy. |
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European Union countries. |
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Language and languages -- Political aspects.
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LAW -- Constitutional. |
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Language and languages -- Political aspects. |
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LAW -- Public. |
| Other Form: |
Print version: Jakab, András. European constitutional language. Cambridge : Cambridge University Press, [2016] 9781107130784 (DLC) 2015032255 (OCoLC)919068326 |
| ISBN |
9781316533765 (electronic book) |
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131653376X (electronic book) |
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9781316442678 (electronic book) |
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1316442675 (electronic book) |
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9781107576926 |
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110757692X |
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9781107130784 |
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1107130786 |
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