Full Description
The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy.
This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.
Contents
1. Introduction: The Puzzles of European Union Law ; PART I: THE LEGAL SYSTEM ; 2. Towards a Theory of European Union Legal Systems ; 3. Not a System but an Order: An Inter-Institutional View of European Union Law ; 4. Harmonic Law: The Case Against Pluralism ; 5. Judicial Dialogue in the European Union ; PART II: POLITICAL FOUNDATIONS ; 6. Deciphering the Political and Legal DNA of European Integration: An Exploratory Essay ; 7. Citizenship and Obligation ; 8. Constitutionalism in the European Union: Pipedream or Possibility? ; 9. Constitutionalism and the Moral Point of Constitutional Pluralism: Institutional Civil Disobedience and Conscientious Objection ; 10. European Demoicracy and its Crisis ; 11. Statecraft and the Foundations of European Union Law ; PART III: CONSTITUTIONAL VIRTUES ; 12. Precedent and the Court of Justice: A Jurisprudence of Doubt? ; 13. Monism and Fundamental Rights ; 14. European Integration and the Rule of Law in Foreign Policy ; 15. Solidarity in the European Union: Problems and Prospects ; 16. The Problem of Justice in the European Union: Values, Pluralism, and Critical Legal Justice
