Europe's Second Constitution

Crisis, Courts and Community

Markus W. Gehring (University of Cambridge)

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English

Cambridge University Press
11 August 2022

Constitution: government & the state; International relations; International organisations & institutions; Constitutional & administrative law

Series: Cambridge Studies in Constitutional Law

The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding light on these concerns, this book reveals a widespread misunderstanding of constitutional federalism, which permeates the Member State courts, popular media, and many academic communities. A failure to address confusion over this fundamental concept is leading us towards impoverished development of the EU's 'Second Constitution', and even ensuring that the role of both domestic and international European courts in enriching the constitutionalisation process is overlooked and undervalued. In a bid to avoid such consequences, this book explores how federalism and further constitutionalisation - rightly understood in a dialogue of the European courts - may actually change this process and allow a clearer advance toward Europe's Second Constitution for, but also with, the people of Europe.

By: Markus W. Gehring (University of Cambridge)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 229mm, Width: 152mm, Spine: 23mm
Weight: 586g
ISBN: 9781108738286
ISBN 10: 1108738281
Series: Cambridge Studies in Constitutional Law
Pages: 438
Publication Date: 11 August 2022
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Part I. Introduction: 1. Introduction; Part II. Demos Obstacles to Constitutionalisation: 2. The importance of Demos; 3. Civitas obstacles to European constitutionalism; 4. Ius obstacles to European constitutionalism; 5. Addressing the legal obstacles to EU constitutionalism; 6. Conclusions.

Markus Gehring, J.S.D. (Yale), MA (Cantab), LLM (Yale), Dr iur (Hamburg), is a University Lecturer in Law at the Faculty of Law, University of Cambridge. He serves as affiliated Lecturer in European and International Law at Politics and International Studies (POLIS), University of Cambridge. He is an Expert in the Centre for European Legal Studies (CELS), Fellow and Director of Studies in Law at Hughes Hall and a Fellow of the Lauterpacht Centre for International Law. Dr. Gehring is also an affiliated Lecturer in the Department of Land Economy and a Fellow of the Centre for Environment, Energy and Natural Resources Governance (C-EENRG). He edits a book series on Treaty Implementation for Sustainable Development with Cambridge University Press and is author of several publications on EU, International and Sustainable Development Law.

Reviews for Europe's Second Constitution: Crisis, Courts and Community

'Europe's Second Constitution offers a rich and powerful reminder that while incremental change is a natural development in every 'living' constitution, there must nonetheless also be 'constitutional moments' when a generation leaps forward to address the problems of the future. Europe today requires such a leap - and this wonderful new contribution explores the obstacles in the past and present that continue to block a 'second' EU Constitution.' Robert Schutze, Professor of European and Global Law, Durham Law School and College of Europe, Bruges