Constitutional Life and Europe's Area of Freedom, Security and Justice: 1st Edition (Paperback) book cover

Constitutional Life and Europe's Area of Freedom, Security and Justice

1st Edition

By Alun Howard Gibbs


168 pages

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Paperback: 9781138256767
pub: 2016-11-11
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Hardback: 9781409402695
pub: 2011-09-01
eBook (VitalSource) : 9781315573557
pub: 2016-05-23
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The challenge of thinking about the place of constitutionalism beyond the conventional categories of the nation state has become a principal concern for legal and political scholars. This book casts this issue in a different light by exploring the implications for the constitutionalism of legal integration in the European Union's 'area of freedom, security and justice'. In doing so it makes a novel contribution to an understanding of the European Union as a political community beyond the state, but in addition explores how this entails thinking differently about what is essential concerning constitutionalism. The book argues that instead of seeking to theorise constitutional foundations we actually begin to encounter the constitutional life implied by political and legal practices in the European Union and as exemplified here by 'the area of freedom, security and justice'.


'Gibbs’ book…manages to facilitate a dialogue across a wide range of theories, issues and complex policy debates. It is this breadth and the ease with which Gibbs navigates the different aspects of this constitutional conversation that constitute the most important contribution of this book.’ Law and Politics Book Review 'This book leads the way in probing and pointing out with admirable clarity and insight the constitutional significance of crime, security and the ordering of criminal justice in the evolving governance of Europe.' Christopher Harding, Aberystwyth University, UK 'This book offers an entirely fresh perspective on the fast-developing world of Europe's Area of Freedom, Security and Justice. The author treats his subject not as a detailed body of doctrine but as a key test-case in late modern constitutional theory. His subtle yet passionate argument will surprise, fascinate and enlighten anyone with an interest in this pivotal area of transnational law.' Neil Walker, University of Edinburgh, UK

Table of Contents

Contents: Preface; Introduction; Constitutional life and the area of freedom, security and justice; Constitutional life and legitimacy; Public goods as constitutional goods; The public good of security; The construction of an area of freedom, security and justice: the practices of constitutional life examined; Constitutional life and criminal justice; Conclusion: learning constitutionalism; Bibliography; Index.

About the Author

Alun Howard Gibbs holds the City Solicitors' Educational Trust Lectureship in Constitutional and Administrative Law, University of Southampton

About the Series

Applied Legal Philosophy

Applied Legal Philosophy
The principal objective of this series is to encourage the publication of books which adopt a theoretical approach to the study of particular areas or aspects of law, or deal with general theories of law in a way which is directed at issues of practical, moral and political concern in specific legal contexts. The general approach is both analytical and critical and relates to the socio-political background of law reform issues. This series includes studies of all the main areas of law, presented in a manner which relates to the concerns of specialist legal academics and practitioners. Each book makes an original contribution to an area of legal study while being comprehensible to those engaged in a wide variety of disciplines. Their legal content is principally Anglo-American, but a wide-ranging comparative approach is encouraged and authors are drawn from a variety of jurisdictions.

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Subject Categories

BISAC Subject Codes/Headings:
LAW / Jurisprudence