Triangular Constitution: Constitutional Pluralism in Ireland, the EU and the ECHR

This book offers a new account of modern European constitutionalism that emphasizes the importance of the EU legal order and the European Convention on Human Rights in understanding the national constitution. It suggests that the constitution is triangular, with these three legal orders forming the points of a triangle and the relationship and interactions between them forming the sides. It departs from conventional accounts of constitutional pluralism by emphasizing the importance of jurisdictional specificity in understanding the norms that regulate pluralist constitutions. The book is an important contribution to constitutional theory and constitutional pluralism and will be of great interest to scholars in the field.

\n Format: Hardback
\n Length: 288 pages
\n Publication date: 16 May 2019
\n Publisher: Bloomsbury Publishing PLC
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This book presents a fresh perspective on modern European constitutionalism, utilizing the Irish constitutional order as a compelling illustration. It argues that the national constitution cannot be comprehended in isolation from the EU legal order or the European Convention on Human Rights, instead forming a triangular structure with these three legal frameworks as its corners. The book adopts the theory of constitutional pluralism, which posits that overlapping constitutional orders can be organized in various ways, including heterarchically or flatly, without a hierarchical structure. However, it departs from conventional interpretations by emphasizing the importance of jurisdictional specificity in understanding the norms governing pluralist constitutions. Through the application of this theory to case studies, the book demonstrates the challenges involved in extracting universal principles from the jurisdictionally contingent interactions between specific legal orders. This book makes a significant contribution to constitutional theory, particularly in the realm of constitutional pluralism, and will be of immense interest to scholars engaged in this field.

Introduction:
The book explores the evolving nature of modern European constitutionalism, emphasizing the significance of considering the interplay between national constitutions and the EU legal order. It argues that the traditional understanding of the national constitution as a standalone entity is insufficient in the context of the European Union, where the national constitution must be viewed in conjunction with the broader EU legal framework.
The book begins by introducing the concept of constitutional pluralism, which suggests that multiple constitutional orders can coexist within a single state or region. It challenges the notion of a hierarchical structure where one constitutional order is superior to others and emphasizes the importance of recognizing the distinct roles and responsibilities of each constitutional order.
The book then delves into the Irish constitutional order as a case study, using it to illustrate the complexities and challenges of integrating national and EU legal systems. It demonstrates how the Irish constitution has evolved to accommodate the demands of both the national and EU legal systems, while also preserving important national sovereignty.
The book further explores the relationship between the Irish constitution and the European Convention on Human Rights (ECHR), highlighting the ways in which the ECHR has influenced the development of Irish constitutional law. It discusses the impact of the ECHR on issues such as human rights, democracy, and the rule of law, and how the Irish constitution has responded to these challenges.
In conclusion, the book offers a valuable contribution to the study of modern European constitutionalism, providing a comprehensive analysis of the interplay between national constitutions and the EU legal order. It demonstrates the importance of recognizing the diverse legal frameworks within the European Union and the need for a nuanced approach to understanding the relationship between these frameworks. The book will be of interest to scholars, policymakers, and practitioners alike, as it sheds light on the complex dynamics of European constitutionalism and offers insights into the future of this evolving field.

\n Weight: 594g\n
Dimension: 164 x 240 x 21 (mm)\n
ISBN-13: 9781509916160\n \n