Legal Pluralism and the European Union

@article{Barber2006LegalPA,
  title={Legal Pluralism and the European Union},
  author={N. Barber},
  journal={European Law Journal},
  year={2006},
  volume={12},
  pages={306-329}
}
  • N. Barber
  • Published 2006
  • Political Science
  • European Law Journal
This article advances a pluralist model of a legal system. It claims that a legal system is pluralist when it contains inconsistent rules of recognition that cannot be legally resolved from within the system. The first part of the article sets out the model, demonstrating why it requires a departure from the classical accounts of law advanced by writers such as Hart and Kelsen. The second half applies this model to actual legal orders: first, to Rhodesia during the crisis of 1965, and then to… Expand
40 Citations

References

SHOWING 1-10 OF 27 REFERENCES
The Reformation of European Constitutionalism
  • 125
The Identity of Legal Systems
  • 18
The European Court of Justice: Taking Rights Seriously?
  • 109
  • PDF
The Idea of Constitutional Pluralism
  • 320
  • PDF
...
1
2
3
...