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22 results

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  • Introduction: A New Beginning

  • Edited by Miguel Poiares Maduro, European University Institute, Florence, Paul W. Kahn, Yale University, Connecticut
  • Book:
    Democracy in Times of Pandemic
    Published online:
    04 November 2020
    Print publication:
    12 November 2020, pp 1-18

  • Summary

    The best apocalyptic movies (from Mad Max to The Stalker) are less about the apocalypse than what follows it. They focus on the systemic changes triggered by the apocalypse. About the apocalypse itself, little can be said. Speech begins again with survival. Likewise, in the middle of the current pandemic, we operate under the law of necessity. For this reason, nations with very different political systems have converged on the same practices of lockdown, social distancing, testing, and tracing. Nations that refuse to accept the law of necessity demonstrate not political strength, but weakness. They suffer the consequences, for the virus recognizes no excuses. Consider the ravages of the pandemic in Brazil and the United States.

Democracy in Times of Pandemic
  • Different Futures Imagined
  • Edited by Miguel Poiares Maduro, Paul W. Kahn
  • Published online:
    04 November 2020
    Print publication:
    12 November 2020
  • The COVID-19 pandemic has presented an important case study, on a global scale, of how democracy works - and fails to work - today. From leadership to citizenship, from due process to checks and balances, from globalization to misinformation, from solidarity within and across borders to the role of expertise, key democratic concepts both old and new are now being put to the test. The future of democracy around the world is at issue as today's governments manage their responses to the pandemic. Bringing together some of today's most creative thinkers, these essays offer a variety of inquiries into democracy during the global pandemic with a view to imagining post-crisis political conditions. Representing different regions and disciplines, including law, politics, philosophy, religion, and sociology, eighteen voices offer different outlooks - optimistic and pessimistic - on the future.

The Transformation of Europe
  • Twenty-Five Years On
  • Edited by Miguel Poiares Maduro, Marlene Wind
  • Published online:
    17 October 2017
    Print publication:
    28 September 2017
  • Joseph Weiler's The Transformation of Europe is one of the most influential works in the history of European studies. Twenty-five years after its original publication, this new collection of essays pays tribute to Weiler's legacy by discussing some of the most pressing issues in contemporary European Union law, policy and constitutionalism. The book does not intend to be a simple expression of intellectual esteem for Weiler's seminal work; instead, the collection honours it by critically engaging with some of its assumptions and theses. Overall, it shows how a study of 1991 can still be fundamental to the present and future of the EU, including the challenges of Brexit and Eurozone crises.

  • 12 - Courts and Pluralism: Essay on a Theory of Judicial Adjudication in the Context of Legal and Constitutional Pluralism

  • Edited by Jeffrey L. Dunoff, Temple University, Philadelphia, Joel P. Trachtman, Tufts University, Massachusetts
  • Book:
    Ruling the World?
    Published online:
    05 June 2012
    Print publication:
    20 July 2009, pp 356-380

  • Summary

    There is an emerging body of literature that describes a context of constitutional and legal pluralism. Usually constitutional pluralism identifies the phenomenon of a plurality of constitutional sources of authority that create a context for potential constitutional conflicts between different constitutional orders to be solved in a nonhierarchical manner. More broadly, legal pluralism can be used, in this context, to refer both to the multiplication of competing legal sites and jurisdictional orders and to the expansion of relevant legal sources. Such context affects the role of courts and the character of judicial adjudication and interpretation. This chapter aims to review the impact of pluralism in models of interpretation used by courts and in the institutional dimension of judicial adjudication.

    I will undertake this analysis by reference to a broad notion of constitutional and legal pluralism that encompasses different dimensions. In this respect, it is necessary to distinguish between internal and external forms of pluralism. Internal pluralism refers to a pluralism that is internal to a particular legal order. In other words, it refers to a legal order where multiple sites of power coexist, are mutually recognized, and may not always be organized in a nonhierarchical relationship. The best-known example of such a legal order is the European Union. We can identify four main sources of internal pluralism in the European Union. First, there is a plurality of constitutional sources (both European and national) that have fed the EU constitutional law and, in particular, its general principles of law.

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