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Beyond Federal Dogmatics (pdf)
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summary
The relationship between EU law and national constitutional law, including 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 constitutional 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 instrumental forms of reasoning) and the toolbox deployed in constitutional court case law to accommodate several rather pragmatic needs.

Table of Contents

  1. Title Page, Copyright Page
  2. pp. 1-6
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  1. Table of contents
  2. pp. 7-8
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  1. Foreword
  2. pp. 9-10
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  1. Reader information and acknowledgments
  2. pp. 11-12
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  1. Some commonly used abbreviations
  2. pp. 13-14
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  1. Introduction
  2. pp. 15-16
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  1. General purpose and method: beyond dogmatics
  2. pp. 17-20
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  1. General object: federalism
  2. pp. 21-26
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  1. 1. Influence and the toolbox concept: Some preliminary considerations pertaining to method
  2. pp. 27-54
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  1. 2. Belgian federalism: A cursory overview
  2. pp. 55-84
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  1. 3. The Belgian Constitutional Court and federalism
  2. pp. 85-184
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  1. 4. European influence on Constitutional Court case law
  2. pp. 185-252
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  1. 5. Three partial explanations and the road ahead
  2. pp. 253-276
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  1. Conclusion
  2. pp. 277-280
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