Just Published: Lawrence on Constitutional Pluralism

November 8, 2019

Professor Jessica Lawrence has just published her article “Constitutionalism’s Unspoken Normative Core“ in the Cambridge Yearbook of European Legal Studies (2019). 

The article argues that discourses of constitutional pluralism contain a strong normative core which is made up of a series of largely unacknowledged implicit claims about legitimacy and community. This argument is illustrated by reference to various constitutional pluralist responses to the Hungarian Constitutional Court's ruling concerning the protection of constitutional identity in the context of EU asylum and refugee protection law and policy, demonstrating that whether this decision falls ‘inside’ or ‘outside’ constitutional pluralist tolerance depends on how the observer defines the minimum amount of shared substantive or procedural content that is fundamental to the EU order.