society, law & economics
Beyond Federal Dogmatics The Influence of EU Law on Belgian Constitutional Case Law Regarding Federalism Stef Feyen
stef feyen is Fellow with the Research Foundation – Flanders (fwo), affiliated with the Institute for Constitutional Law (University of Leuven) and promovendus with the Ius Commune Research School (Maastricht University).
Rethinking the relationship between EU law and Belgian national law The relationship between EU law and national constitutional law, inclu ding constitutional law in federalism matters, has been subject to an ongoing scholarly debate. This monograph contributes to this debate in two ways. The author argues for an approach to constitutional law that goes beyond the classic – coined dogmatic – understanding of constitu tional case law regarding federalism as expounded in Belgian academia. Building on that basis, he sets out to rethink the framework within which the connection between EU law and national constitutional law can be understood. The analysis delves into the relationship (and sometimes tension) between ‘rule-of-law’ values (which may serve as checks upon instruÂmental forms of reasoning) and the toolbox deployed in constitu tional court case law to accommodate several rather pragmatic needs. ‘In this book the author confirms his reputation as an outstanding scholar. He combines a thorough knowledge of the law with a strong familiarity with legal theoretical literature. The book provides many fascinating insights, legal dogmatic as well as theoretical.’ Jan Velaers, Professor of Law, Antwerp University
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€ 39,50 / £35.00 isbn 978 90 5867 938 3 March 2013 Paperback, 16 x 24 cm ca. 300 p. English
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