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Tuori, Kaarlo --- "From pluralism to perspectivism" [2018] ELECD 386; in Davies, Gareth; Avbelj, Matej (eds), "Research Handbook on Legal Pluralism and EU Law" (Edward Elgar Publishing, 2018) 39

Book Title: Research Handbook on Legal Pluralism and EU Law

Editor(s): Davies, Gareth; Avbelj, Matej

Publisher: Edward Elgar Publishing

ISBN: 9781786433084

Section: Chapter 4

Section Title: From pluralism to perspectivism

Author(s): Tuori, Kaarlo

Number of pages: 18

Abstract/Description:

The chapter discusses two alternative readings of European constitutional pluralism: radical and dialogical pluralism. The conflictual reading emphasizes that no higher principle or neutral arbiter exists to resolve a controversy between contending jurisdictions, such as German constitutional law and EU law. Two main versions of the conflictual reading exist: Kelsenian and Koskenniemian. Without denying the existence or relevance of jurisdictional controversies, the dialogical reading cautions against overdramatizing them and draws attention to the potential of crossjurisdictional dialogue and cooperation. The chapter connects pluralism to perspectivism, inherent in all law, and defines perspectivism in legal cultural terms, which also facilitates an understanding of the possibility of interlegality. The theoretical issues are discussed in the light of the recent OMT case involving the German Constitutional Court and the ECJ.