1st Edition
Accommodating Diversity in Multilevel Constitutional Orders Legal Mechanisms of Divergence and Convergence
This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions.
The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy.
This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.
Table of Contents
Foreword
Bruno De Witte
Section I: Theoretical Approaches
Chapter 1
Introduction: The Dialectics in Multilevel Systems - Mechanisms of Divergence and Convergence
Marjan Kos, Jaka Kukavica, and Maja Sahadžić
Chapter 2
The Idea of ‘Interlegal Balancing’ in Multilevel Settings
Gabriel Encinas
Chapter 3
Non-Hierarchical Coordination Of Multi-Level Asymmetries for (Dynamic) Stability
Finding the Balance Between Convergence and Divergence
Maja Sahadžić
Chapter 4
Constitutional Diversity and Differentiation in the EU: What Role for National Constitutional Demands under EU law?
Marjan Kos
Section II: Mechanisms in Constitutional and Human Rights Law
Chapter 5
Between unity and diversity: EU data protection legislation as a catalyst for a constitutional trilogue
Pieter Aertgeerts
Chapter 6
Forgetting Identity Claims
The New Constitutional Paradigm in Multilevel Fundamental Rights Standards
Jakob Gašperin Wischhoff
Chapter 7
Convergence and Divergence in EU External Action: The Very Slowly Emergent Doctrine of Shared Competence
Thomas Verellen
Chapter 8
A Convergence Movement Between the European Union's Economic Constitution and National Economic Constitutions - Lessons from the Portuguese Case
Pedro Coutinho
Chapter 9
Towards a General Typology of Consensus Analysis: From Entrenching Divergence to Constituting Convergence
Jaka Kukavica
Section III: Institutional Mechanisms
Chapter 10
Convergence, Divergence and Strategic Interactions Of International Courts: Lessons from the Protection of Business Premises for Legal Persons in Europe
Audrey M. Plan
Chapter 11
Converging on Structures – The Influence of Court-Structure on Convergence and Divergence among Judges
Alexander Lazović
Chapter 12
Multilevel Governance in the EU Through Deliberative Democracy: Zooming into the Mechanism of the European Citizens’ Initiative
Agata Magdalena Poznańska
Chapter 13
EU law’s Contribution in Streamlining Member State Enforcement Structures: A Promising Mechanism for Convergence?
Pieter Van Cleynenbreugel
Chapter 14
Conclusion: Oscillating Between Unity and Diversity
Jakob Gašperin Wischhoff and Julian Scholtes
Biography
Maja Sahadžić, Assistant Professor at Utrecht University, the Netherlands, and Visiting Professor at the University of Antwerp, Belgium.
Marjan Kos, PhD Candidate and Teaching Assistant, University of Ljubljana, Faculty of Law, Slovenia.
Jaka Kukavica, Ph.D. Researcher, European University Institute, Italy, and Junior Lecturer, University of Ljubljana, Slovenia.
Jakob Gašperin Wischhoff, PhD Candidate and DynamInt Research Fellow at Humboldt-Universität zu Berlin, Germany.
Julian Scholtes, Lecturer in Public Law, University of Glasgow School of Law, Scotland, United Kingdom.
