The Rule of Reason in European Constitutionalism and Citizenship

By Yuri Borgmann-Prebil

© 2015 – Routledge

176 pages

Purchasing Options:
Paperback: 9780415565301
pub: 2016-03-01
Hardback: 9780415565295
pub: 2016-03-01

e–Inspection Copy

About the Book

Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship. Taking Europe as its focus, the central substantive argument of the book is that a 'rule of reason' governs supranational constitutionalism. Addressing the free movement law of the internal market, and recently developed case law on the free movement of citizens, it shows how the contours of European and member state legal systems, as well as European and national citizenship, are delimited through an ongoing judicial discourse. The constant drawing and re-drawing of the boundaries of member state and European law is negotiated in a judicial conversation that, it is argued, constitutes a key characteristic of supranational constitutionalism: one that supports a thin, juridical, and essentially rights based, conceptualisation of European citizenship. Offering an innovative theoretical analysis of EU law, The Rule of Reason in European Constitutionalism and Citizenship will be of considerable interest to scholars of European law, European politics and legal theory.

Table of Contents

Introduction 1. Constitutional Conflict in the Light of Legal Theory, "Only in Exchanges with Others Can I Fix" 2. A Rights Approach to the Free Movement Provisions: The Rule of Reason 3. The Rule of Reason in European Citizenship 4. A Juridical Conception of European Citizenship

About the Author

Dr Yuri Borgmann-Prebil is a Scientific Officer and Research Programme Officer at the European Commission in Brussels.

About the Series

Discourses of Law

This successful and exciting series seeks to publish the most innovative scholarship at the intersection of law, philosophy and social theory. The books published in the series are distinctive by virtue of exploring the boundaries of legal thought. The work that this series seeks to promote is marked most strongly by the drive to open up new perspectives on the relation between law and other disciplines. The series has also been unique in its commitment to international and comparative perspectives upon an increasingly global legal order. Of particular interest in a contemporary context, the series has concentrated upon the introduction and translation of continental traditions of theory and law.

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Subject Categories

BISAC Subject Codes/Headings:
LAW / General
LAW / Constitutional
LAW / Jurisprudence
POLITICAL SCIENCE / Civics & Citizenship