Is Constitutional Pluralism Really Pluralist? Cover Image

Is Constitutional Pluralism Really Pluralist?
Is Constitutional Pluralism Really Pluralist?

Author(s): David Kopal
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Published by: Univerzita Palackého v Olomouci_1
Keywords: constitutional pluralism; relationship between European and national law; constitutionalism beyond the state; contrapunctual law; primacy of EU Law;

Summary/Abstract: This paper addresses two possible understandings of the relationship between European and national law which are represented by Miguel Poiares Maduro’s and Mattias Kumm’s conceptions of constitutional pluralism. The first section of the paper discusses the possible approaches to the relationship between national and European law generally, followed by a more detailed description of Maduro’s and Kumm’s theories. In the main section, it is argued that although both authors claim that their theories are pluralist, their true nature is actually based on the principles which are typical for monism.

  • Issue Year: 2/2015
  • Issue No: 1
  • Page Range: 186-196
  • Page Count: 11
  • Language: English
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