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Author Kocharov, Anna.

Title Republican Europe / Anna Kocharov.

Published Oxford ; Portland, Oregon : Hart Publishing, an imprint of Bloomsbury Publishing Plc, 2017.


Location Call No. Status
Physical description 1 online resource (xxx, 198 pages).
Series Modern studies in European law ; v. 72.
Modern studies in European law ; v. 72.
Bibliography Includes bibliographical references and index.
Contents Introduction 1 -- 1 Europe in Crises 2 -- 2 Policy Choices and Constitutional Choices 3 -- 3 What's In a Policy? 4 -- 4 Argument Overview 6 -- 1 Liberty in the Constitutional Construct of Europe 9 -- 1 Constitutional Soul of Europe 9 -- 2 Legitimacy of the Union and the Paradox of Polity 14 -- 3 Capturing the Paradox: Voice, Exit and Loyalty 19 -- 4 Three Aspects of Liberty 22 -- 5 Europe's Love Triangle 26 -- 6 Europe as a Liberty-Preserving Construct 32 -- 7 Constitutive Elements of EU Constitutional Order 34 -- 2 A Union of Polities: Negative Liberty 39 -- 1 Nature of Europe's Union: Non-interference Between National Polities 43 -- 2 Non-Interference vs Positive Liberty in EC External Agreements 54 -- 3 Boundaries of Europe's Union: Reciprocity of Commitment 59 -- 4 Constitutional Dilemma of Internal over External 63 -- 5 Non-Interference between Member States Prevails over External Positive Liberty 65 -- 6 Rights-Admission Dichotomy to Balance Negative and Positive Liberty 70 -- 7 Integration Through Law or Integration Through Politics? 75 -- 3 A Political Union: Positive Liberty 77 -- 1 A New Solution for an Old Problem 77 -- 2 Emancipation of Politics and the European Political Space 83 -- 3 Emergence of a European Political Process 90 -- 4 Constitutional Elements of Post-Lisbon Law 96 -- 5 Pluralism Under Union Law 107 -- 4 Conflict in Union Law 113 -- 1 Conflict as the Object of Union Law 113 -- 2 Legitimacy of Policy Choices 116 -- 3 Deciding Who Decides (in) Union Law 121 -- 4 Demise of the Vertical Balance of Powers 132 -- 5 From Balance of Powers to Balance of Polities 134 -- 5 EU Court and Liberty from Dependence 137 -- 1 Triumph of Positive Liberty 137 -- 2 Liberal Review of a Republican Policy 147 -- 3 Domination of Mutual Trust and the Faux Virtue of Solidarity 154 -- 4 Invisible Liberty 165 -- 6 Conclusion: Union Law as the Pacifier of Conflicts 168.
Summary "Constitutional orders constitute political communities--and international orders deriving from them--by managing conflicts that threaten peace. This book explores how a European political community can be advanced through EU constitutional law. The constitutional role of the Union is to ensure peace by addressing two types of conflict. The first are static conflicts of interests between the national polities in the EU. These are avoided by ensuring reciprocal non-interference between Member States in the Union through deregulation in Union law. The second are dynamic conflicts of ideas about positive liberty held by the peoples of Europe. These can be resolved through regulation in a European political space. Here, EU law enables a continuous process of re-negotiating a shared European idea of positive liberty that can be accepted as its own by each national polity in the EU. These solutions to the two types of conflicts correspond to the liberal and republican models for Europe. The claim of this book is that the constitutional design of Europe presents both liberal and republican features. Taking an innovative approach, which draws on arguments from substantive law, constitutional theory, case law analysis, insights from psychology and philosophy, it identifies how best to strengthen the Union through constitutional law."--Bloomsbury Publishing.
Other formats Also issued in print.
Reproduction Electronic reproduction. London : Bloomsbury Publishing, 2014. Available via World Wide Web. Access limited by licensing agreement. s2014 dcunns.
Subject Constitutional law -- European Union countries -- Philosophy.
Federal government -- European Union countries.
Conflict management -- European Union countries.
International and municipal law -- European Union countries.
Republicanism -- European Union countries.
Liberalism -- European Union countries.
ISBN 9781509910755 (online)
9781509910748 (hardback)
9781509910731 (electronic book)
9781509910762 (PDF)

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