Chapter

<i>Juridical Pluralism and the Risk of Constitutional Conflict</i>

Neil MacCormick

in Questioning Sovereignty

Published in print October 1999 | ISBN: 9780198268765
Published online January 2010 | e-ISBN: 9780191713118 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268765.003.0007

Series: Law, State, and Practical Reason

Juridical Pluralism and the Risk of Constitutional Conflict

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The interlocking of legal systems in various countries, with mutual recognition of each other's validity, but with different grounds for that recognition, has profound and potentially dangerous implications for the successful continuation of European integration. This chapter explores the problem of legal pluralism and solutions to the difficulties for practice implicit in the very idea of pluralism. The character and implications of the kind of legal pluralism that institutional theory admits are considered. The context is one in which ongoing challenges occur along the interface between the state-law systems of member states of the European Union (EU), and the EU legal order as interpreted by the European Court of Justice. The concepts of law, constitution, constitutionalism, and pluralism are discussed, along with EU jurisprudence on EU law, the dilemma of revolt or revolution against the constitution, state-law and the rule of law, and distinction between pluralism under international law and radical pluralism.

Keywords: legal pluralism; European Union; state-law; rule of law; radical pluralism; constitution; law; constitutionalism; revolt; revolution

Chapter.  13227 words. 

Subjects: EU Law

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