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English
Oxford University Press
16 March 2023
"This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.

How can the EU be made legitimate and sustainable through (constitutional) law - and what is the role of constitutional lawyers and their ideas in creating this ""sense of legitimacy""? This book seeks to answer these questions through the concept of the ""constitutional imaginary"": sets of ideas and beliefs that motivate and justify the practice of government and collective self-rule. Constitutional imaginaries are as important as institutions and office- holders, as they provide political action with an overarching sense and purpose recognized as legitimate by those governed. Constitutional imaginaries are 'necessary fictions' that make political rule possible, and at the same time they are ideologies which hide from view various forms of domination.

European Constitutional Imaginaries deals with a variety of questions and is split into four parts to address: the first part explores in more detail various meanings of European constitutional imaginary, as seen by different disciplines: legal sociology, political and constitutional theory, and philosophy. The second part revisits the contribution of some key authors to the creation of European constitutional imaginaries, and the third part offers various new ways of thinking about European constitutionalism. The fourth and final part examines political economy behind various constitutional imaginaries.

Written by a balanced mix of well-established authors and newer talent, European Constitutional Imaginaries promises to open debates on European constitutionalism that are necessary to understanding Europe's present predicament and its various crises, all navigated through the medium of law."
Edited by:  
Imprint:   Oxford University Press
Country of Publication:   United Kingdom
Dimensions:   Height: 240mm,  Width: 162mm,  Spine: 30mm
Weight:   764g
ISBN:   9780192855480
ISBN 10:   0192855484
Pages:   416
Publication Date:  
Audience:   Professional and scholarly ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
"1: Jan Komárek: European Constitutional Imaginaries: Utopias, ideologies and the other Part 1: Constitutional Imaginaries of the Past, Present, and Future of Europe 2: Jiri Priban: European Constitutional Imaginaries: On pluralism, calculemus, imperium and communitas 3: Marco Dani and Agustín José Menéndez: European Constitutional Imagination: A whig interpretation of the process of european integration? 4: Signe Larsen: The European Union as 'Militant Democracy'? 5: Claudia Schrag Sternberg: Ideologies and Imaginaries of Legitimacy from the 1950s to Today: Trajectories of EU-Official Discourses Read Against Rosanvallon's Democratic Legitimacy Part II: At The Origins of Constitutional Imaginary - The work of selected european constitutionalists revisited 6: Jan Komárek: Why Read The Transformation of Europe Today? On the Limits of a Liberal Constitutional Imaginary 7: Alexander Somek and Jakob Rendl: Messianism, Exodus, and the Empty Signifier of European Integration 8: Hugo Canihac: From Constitutional Pyramid to Constitutional Pluralism: The transformation of the european constitutional imaginary in context 9: Amnon Lev: The Imaginary and the Unconscious: Situating constitutional pluralism Part III: Rethinking Constitutional Imaginaries for the Present 10: Peter L. Lindseth: The Constitutional Imaginary and the 'Metabolic' Realities of European Integration 11: Neil Walker: The European Public Good and European Public Goods 12: Kalypso Nicolaïdis: The Peoples Imagined: Constituting a Demoicratic European Polity 13: Paul Linden Retek: Constitutional Patriotism as Europe's Public Philosophy? On the Responsiveness of Post-national Law Part IV: Without Political Economy: There can be no constitutional imaginary 14: Michael A Wilkinson: On the New German Ideology 15: Hjalte Lokdam: Beyond Neoliberal Federalism? The Ideological Shade of the Eurozone's Constitutional Order after the Eurozone Crisis 16: Jeffrey Miller and Fernanda Nicola: The Failure to Grapple with Racial Capitalism in European Constitutionalism 17: Damjan Kukovec: Constitutionalism and Powerlessness 18: Marija Bartl: Imaginaries of Progress as Constitutional Imaginaries 19: Jan Komárek: Conclusion: Making ""the Other"" Explicit"

"Jan Komárek is Professor of European law at the Faculty of Law, University of Copenhagen and iCourts - the Danish National Research Foundation's Centre of Excellence for International Courts (since 2017). Previously he worked as assistant and later associate professor at the London School of Economics and Political Science (2011-2017), after obtaining doctorate from the University of Oxford in 2011. He had also worked at the Czech Ministry of Foreign Affairs (2004-2006) and the Czech Constitutional Court (2009-2010 - legal secretary to the Court's president). He is the member of the Editorial Board of European Constitutional Law Review (EuConst) and European Law Open (both published by the CUP). In 2019-2024 he is the Principal Investigator of the ERC Starting Grant Project (no. 803163) ""IMAGINE: European Constitutional Imaginaries: Utopias, Ideologies and the Other""."

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