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Constitutional sovereignty in post-sovereign Europe in crisis: A Central European perspective

Priban, Jiri 2017. Constitutional sovereignty in post-sovereign Europe in crisis: A Central European perspective. In: Motoc, Iulia, Albuquerque, Paulo Pinto and Wojtyczek, Krzystof eds. New Developments in Constitutional Law:Essays in Honour of Andras Sajo, The Hague: Eleven International Publishing, pp. 355-368.

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Abstract

This chapter raises the question of what happened to the political and legal concept of sovereignty in post-sovereign European society and how its both persistence and transformation affected recent theories of constitutionalism. I argue that the persistence of sovereignty as a political and legal concept in the post-sovereign Europeanised social constellation needs to be addressed against the background of the tension between the semantics and structures of the systems of positive law and politics evolving at supranational and transnational level. For this reason, I believe that the conceptual framework of the autopoietic social systems theory offers the most persuasive theoretical response to the recent problems of democratic constitutionalism within and beyond the nation state in Europe and elsewhere.

Item Type: Book Section
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Publisher: Eleven International Publishing
ISBN: 9789462367586
Last Modified: 22 Jan 2018 15:21
URI: http://orca.cf.ac.uk/id/eprint/108316

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