Rethinking the Relationship between International, EU and National Law : Consent-Based Monism PDF
by Lando (Bundeswehr University Munich) Kirchmair
Part of the ASIL Studies in International Legal Theory series
Description
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.
Information
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Download - Immediately Available
- Format:PDF
- Pages:Worked examples or Exercises
- Publisher:Cambridge University Press
- Publication Date:06/03/2024
- Category:
- ISBN:9781009380195
Information
-
Download - Immediately Available
- Format:PDF
- Pages:Worked examples or Exercises
- Publisher:Cambridge University Press
- Publication Date:06/03/2024
- Category:
- ISBN:9781009380195
