'Constitutionalisation' is the key concept in the search for legitimate governance in the European Union and in the international system. This paper suggests revitalising of a discipline which is widely neglected in European law and international law scholarship. It does not, however, recommend...

Europeanisation and globalisation are frequently held to undermine national democracy. What are then the prospects for democracy in the multi-level constellation that makes up the contemporary European political order? The European debate has taken the question of democracy beyond the nation...

This paper puts forward the main elements of the theory of constitutional synthesis as a constitutional theory of European integration. Constitutional synthesis is both a political philosophy of European integration (which dilucidates what kind of polity the Union is an what is its basis of...

Understanding the consequences, for states and citizens, of making policy on the EU level is central to the reception of the European project and questions of democracy in the EU. This analysis places EU policy-making, trade policy in particular, in the context of bureaucratic power literature...

This paper deals with the issue of institutionalising a legal pacifistic international order. While Kant’s idea of perpetual peace serves as the point of departure, it is argued that in order to find a proper institutional arrangement one would have to look beyond the two notions found in...

In this paper we suggest a research agenda beyond the legitimation strategies of the CIDEL project (i.e. legitimation through outcomes, values and rights). The European Union has developed beyond that of international organisation and derivative democratic construct. But the step from negative...

Hardly anywhere is the trend towards a perfection of transnational governance arrangements and their legalization more visible than in international trade. Governance arrangements established through and alongside WTO law are both practically important and theoretically challenging. They do not...

In this paper we critically reassess the standard account of political representation, in order to question the mythical foundation of its premises and explain why it can no longer serve as an adequate explanatory framework in the modern political context. We argue that representation was not...

This working paper offers a reconstruction and critical analysis of Joerges’ conflicts theory of European Union law. It is claimed that the theory of European conflicts is structured around three key premises: first, that there are functional and normative reasons to transcend the autarchic...