Constitutional Conflict as Judicial Civil Disobedience and Conscientious Objection
Reconceptualising National Constitutional Court Rulings in the European Union Legal Space
Seiten
2026
Mohr Siebeck (Verlag)
978-3-16-200394-2 (ISBN)
Mohr Siebeck (Verlag)
978-3-16-200394-2 (ISBN)
- Noch nicht erschienen (ca. April 2026)
- Versandkostenfrei
- Auch auf Rechnung
- Artikel merken
When it comes to the primacy of Union law, the Court of Justice and some national constitutional courts have displayed different opinions in the past. Eva Rom argues that constitutional conflicts can be better understood by looking at two concepts of American legal and political philosophy: civil disobedience and conscientious objection.
Eva Rom focuses on the primacy of Union law, its properties, its justification, and - most delicately and most decisively of all - its limits. The Court of Justice of the European Union and some national constitutional courts have different understandings of where the primacy of Union law over national law finds its limits and whose task it is to define these limits. The consequence in certain cases is constitutional conflict. In the literature of Union law, one finds scholars drawing upon civil disobedience and conscientious objection to enrich the study of constitutional conflict, but this has not yet been done in an exhaustive, theoretically detailed manner. Eva Rom intends to remedy that. The literature on civil disobedience and conscientious objection contains important insights which can be drawn upon to build a framework with which to assess cases of constitutional conflict in the European Union. Civil disobedience and conscientious objection as concepts describing a qualified form of resistance will prove highly valuable to study in order to arrive at an analytically sharper understanding of constitutional conflict. The two concepts will not be used to formulaically defend breaches of Union law. The aim is not to provide for an apologetic endorsement of breaking the law. Instead, this project is aimed at moderation, differentiation, and at pondering the following question: Under what exact conditions could an opposing ruling by a national constitutional court be considered justified and what would the consequences of such a classification as justified be?
Eva Rom focuses on the primacy of Union law, its properties, its justification, and - most delicately and most decisively of all - its limits. The Court of Justice of the European Union and some national constitutional courts have different understandings of where the primacy of Union law over national law finds its limits and whose task it is to define these limits. The consequence in certain cases is constitutional conflict. In the literature of Union law, one finds scholars drawing upon civil disobedience and conscientious objection to enrich the study of constitutional conflict, but this has not yet been done in an exhaustive, theoretically detailed manner. Eva Rom intends to remedy that. The literature on civil disobedience and conscientious objection contains important insights which can be drawn upon to build a framework with which to assess cases of constitutional conflict in the European Union. Civil disobedience and conscientious objection as concepts describing a qualified form of resistance will prove highly valuable to study in order to arrive at an analytically sharper understanding of constitutional conflict. The two concepts will not be used to formulaically defend breaches of Union law. The aim is not to provide for an apologetic endorsement of breaking the law. Instead, this project is aimed at moderation, differentiation, and at pondering the following question: Under what exact conditions could an opposing ruling by a national constitutional court be considered justified and what would the consequences of such a classification as justified be?
Born 1993; studied law and English and German philology at the University of Heidelberg and the University of Edinburgh; 2016 B.A., 2018 First State Examination; 2019 MPhil in Theoretical and Applied Linguistics at the University of Cambridge; 2025 doctorate in law at the Humboldt University of Berlin; 2025 Second State Examination (OLG Karlsruhe).
| Erscheint lt. Verlag | 30.4.2026 |
|---|---|
| Reihe/Serie | Verfassungsentwicklung in Europa |
| Verlagsort | Tübingen |
| Sprache | englisch |
| Maße | 155 x 232 mm |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Öffentliches Recht ► Verfassungsrecht | |
| Schlagworte | case law analysis • Civil disobedience • conscientious objection • Constitutional conflict • Constitutional Courts • Constitutional pluralism • EU law primacy • intra-legal resistance • judicial conscientious disobedience • judicial resistance • legality and illegality • Normative Theory • PSPP judgment • public authority • Union law limits |
| ISBN-10 | 3-16-200394-6 / 3162003946 |
| ISBN-13 | 978-3-16-200394-2 / 9783162003942 |
| Zustand | Neuware |
| Informationen gemäß Produktsicherheitsverordnung (GPSR) | |
| Haben Sie eine Frage zum Produkt? |
Mehr entdecken
aus dem Bereich
aus dem Bereich
Staatsrecht, Verwaltungsrecht, Verwaltungsprozessrecht und …
Buch | Softcover (2025)
Vahlen (Verlag)
CHF 51,65
Buch | Softcover (2025)
Alpmann und Schmidt (Verlag)
CHF 17,95
