The Moral Point of Constitutional Pluralism: Defining the Domain of Legitimate Institutional Civil Disobedience and Conscientious Objection
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Description
This chapter offers a new interpretation of the well-known “pluralist” constitutional theory of the European Union. It first discusses the structure, implications, and shortcomings of two widely endorsed theoretical frameworks used by different courts at different times that are incompatible with constitutional pluralism properly so-called: Democratic Statism and Legal Monism. After analyzing the structure of these positions and their implications for conflict between legal orders, the chapter briefly describes the contours of a so-called Constitutionalism. Constitutionalism is the name of a conceptual framework that can help make sense of the idea of constitutional pluralism both analytically and normatively, while also being able to generate an account of the conditions under which hierarchical integration is preferable to pluralism.
Source Publication
Philosophical Foundations of European Union Law
Source Editors/Authors
Julie Dickson, Pavlos Eleftheriadis
Publication Date
2012
Recommended Citation
Kumm, Mattias, "The Moral Point of Constitutional Pluralism: Defining the Domain of Legitimate Institutional Civil Disobedience and Conscientious Objection" (2012). Faculty Chapters. 1064.
https://gretchen.law.nyu.edu/fac-chapt/1064
