2011 Fiscal Year Final Research Report
Structural change of State by globalization and theoretical reconstruction of constitutionalism
| Project/Area Number |
21530037
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Keio University |
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Principal Investigator |
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| Co-Investigator(Kenkyū-buntansha) |
NAKAMURA Tamio 早稲田大学, 法学学術院, 教授 (90237412)
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| Project Period (FY) |
2009 – 2011
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| Keywords | 立憲主義 / ヨーロッパ連合 / 共和主義 / 多元主義 / 国家主義 / 国民主権 / グローバル化 |
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| Research Abstract |
Our study has identified two major theoretical perspectives to analyse the current European legal integration. The European "constitutionalism" perspective presupposes the ultimate authority(or the "rule of recognition") that would legitimatise both the European and the national legal orders, and that would combine those legal orders into one hierarchical harmonious legal system. We could draw some lessons from those academic exercises : for example, such traditional concepts as "constitution" and "national sovereignty" would themselves condition, and could prejudice, our understanding on European integration when the method of its legal assessment is still contested, and/or when the question of how we should direct future European integration is being disputed.
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