Rethinking the relationship between international, EU and national law : consent-based monism / Lando Kirchmair.
2024
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Author
Title
Rethinking the relationship between international, EU and national law : consent-based monism / Lando Kirchmair.
Imprint
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2024.
Description
1 online resource (xxxii, 387 pages) : digital, PDF file(s).
Series
ASIL studies in international legal theory.
Formatted Contents Note
Dualism and Kelsenian Monism
Global legal pluralism and constitutionalism
The 'autonomy' of the EU legal order as a self-standing theory?
An intermediate conclusion
The underlying understanding of law
The theory of consent-based Monism
EU law and member state law
International law and EU law.
Global legal pluralism and constitutionalism
The 'autonomy' of the EU legal order as a self-standing theory?
An intermediate conclusion
The underlying understanding of law
The theory of consent-based Monism
EU law and member state law
International law and EU law.
Summary
The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.
Note
Title from publisher's bibliographic system (viewed on 01 Mar 2024).
Location
www
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Linked Resources
Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781009380171 (ebook)
9781009380201 (hardback)
9781009380157 (paperback)
9781009380201 (hardback)
9781009380157 (paperback)
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