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Rethinking the Relationship between International, EU and National Law: Consent-Based Monism
Rethinking the Relationship between International, EU and National Law: Consent-Based Monism
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The book offers a critical account of dominant approaches to explain the relationship between legal orders, engages with an innovative idea from social contract theory, and establishes Consent-Based Monism as a theoretical approach. It emphasizes the structural characteristics of EU external relations law and the primacy of EU law over national constitutional identity.
Format: Hardback
Length: 420 pages
Publication date: 14 March 2024
Publisher: Cambridge University Press
The book's groundbreaking interdisciplinary approach and novel conceptual framework provide a substantial and original contribution to the literature on the relationship between legal orders. In the first part, the book critically examines dominant approaches to explain this relationship, including theories of Kelsenian monism, dualism, legal pluralism, and constitutionalism. It challenges these theories and offers a fresh perspective.
In the second part, the author engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU, and Member State law. This leads to the development of a theoretical framework called Consent-Based Monism. The book delves into the most critical structural aspects of the external relations law of the EU and emphasizes the primacy of EU law over national constitutional identity.
The third part of the book further explores these themes, providing a comprehensive analysis of the relationship between legal orders and the role of the EU in shaping global legal norms. Overall, the book offers a thought-provoking and insightful exploration of a complex and important topic, making it a valuable resource for scholars, policymakers, and anyone interested in the study of law and society.
ISBN-13: 9781009380201
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