Constitutional Change in the EU: From Uniformity to by Grainne De Burca, Joanne Scott PDF

By Grainne De Burca, Joanne Scott

ISBN-10: 1841131032

ISBN-13: 9781841131030

ISBN-10: 1847312233

ISBN-13: 9781847312235

This selection of essays goals to deal with the altering constitutional framework of the ecu Union, and a few of the altering styles of governance inside this complicated polity. the first target of the booklet is to check the plain and slow shift within the paradigm of ecu governance from one emphasizing the significance of uniformity and harmonization to at least one which embraces a considerable measure of flexibleness and differentiation. The chapters variety from huge, theoretical mirrored image at the constitutional implications of differentiation and suppleness for the ecu polity, to extra concentrated case reviews which research numerous different types of nearer co-operation, variable geometry and suppleness current in particular coverage parts. many of the contributions interrogate the level to which there has truly been any major switch of paradigm, and others discover the various varied meanings and cases of flexibleness that have emerged. total, in offering quite a few views and strategies of addressing those very important and topical questions, the gathering brings into concentration either the issues and the aptitude methods ahead for Europe which those constitutional advancements recommend.

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Constitutional Change in the EU: From Uniformity to by Grainne De Burca, Joanne Scott PDF

This number of essays goals to handle the altering constitutional framework of the ecu Union, and a few of the altering styles of governance inside of this advanced polity. the first goal of the booklet is to ascertain the obvious and slow shift within the paradigm of eu governance from one emphasizing the significance of uniformity and harmonization to at least one which embraces a considerable measure of flexibleness and differentiation.

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There are also broader problems of political efficacy,11 democratic accountability12 and social legitimacy13 associated with the multi-dimensional configuration of authority which flexibility entails. As regards political efficacy, problems of trust, mutual understanding and technical co-ordination between political institutions are exacerbated to the extent that these institutions are domiciled in different political systems. Democratic accountability, too, is posed new challenges in a crowded institutional context, where popular affinity is contested or diluted and lines of responsibility are blurred.

2 Gráinne de Búrca and Joanne Scott Treaty signature—at which this metamorphosis occurred, it can broadly be said that over the past ten years the paradigm (however notional) of uniformity, homogeneity and one-directional integration is gradually being replaced by one of flexibility, mixity and differentiation. In one sense, it is quite obvious that a European organisation whose membership has expanded from six to 15 and soon to be 20 or 25 states, whose aims have become more diverse and more ambitious, whose geographic scope and policy competences have widened extensively, cannot sustain the degree of homogeneity, commonality and unity of purpose and method which seemed to characterise the earlier Community.

Walker, “Constitutional Reform in a Cold Climate: Reflections on the White Paper and Referendum on Scotland’s Parliament” in A. ), Devolution and the British Constitution (London: Key Haven, 1998) 61–88. 38 As, for example, in the classic exchange between the Rhodesian High Court and the UK-based Judicial Committee of the Privy Council over the validity of Rhodesia’s unilateral declaration of independence. The Rhodesian court held it to be valid, while the court of the original imperial power took the opposite view: Madzimbamuto v.

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Constitutional Change in the EU: From Uniformity to Flexibility by Grainne De Burca, Joanne Scott


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