Pluralism and Integrity
University of Oxford - Faculty of Law
October 9, 2009
Oxford Legal Studies Research Paper No. 43/2009
One of the theoretical developments associated with the law of the European Union has been the flourishing of legal and constitutional theories that extol the virtues of pluralism. Pluralism in constitutional theory is offered in particular as a novel argument for the denial of unity within a framework of constitutional government. This essay argues that pluralism fails to respect the value of integrity. It also shows that at least one pluralist theory seeks to overcome the incoherence of pluralism by implicitly endorsing monism. The coherence of European legal reasoning will be best preserved, if we consider that both the national legal order and the international (or European) such order endorse a sophisticated view of their own limits.
Number of Pages in PDF File: 35
Date posted: October 14, 2009 ; Last revised: November 8, 2009