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Questioning SovereigntyLaw, State, and Nation in the European Commonwealth$
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Neil MacCormick

Print publication date: 1999

Print ISBN-13: 9780198268765

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198268765.001.0001

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Juridical Pluralism and the Risk of Constitutional Conflict

Juridical Pluralism and the Risk of Constitutional Conflict

Chapter:
(p.97) 7 Juridical Pluralism and the Risk of Constitutional Conflict
Source:
Questioning Sovereignty
Author(s):

Neil MacCormick

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198268765.003.0007

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

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