Triangular Constitution
Triangular Constitution This book offers a new account of modern European constitutionalism. The constitution is instead triangular, with these three legal orders forming the points of a triangle,…
Specifikacia Triangular Constitution
Triangular Constitution
This book offers a new account of modern European constitutionalism. The constitution is instead triangular, with these three legal orders forming the points of a triangle, and the relationship and interactions between them forming the triangle's sides. It uses the Irish constitutional order to demonstrate that right across the European Union, the national constitution can no longer be understood on its own, in isolation from the EU legal order or from the European Convention on Human Rights.
But it departs from conventional accounts of this theory by emphasising that we must still pay close It takes as its starting point the theory of constitutional pluralism, which suggests that overlapping constitutional orders are not necessarily arranged 'on top of' each other, but that they may be arranged heterarchically or flatly, without a hierarchy of superior and subordinate constitutions.