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This paper aims at putting forward the key elements of a constitutional theory of European law on the basis of D. Neil MacCormick’s theory of European constitutional pluralism. Firstly, I consider how the institutional theory of law fleshed out by MacCormick creates the theoretical space...
Persistent link: https://www.econbiz.de/10010862194
The paper suggests a practice turn in the analysis of political legitimacy. Current social science research on political legitimacy suffers twofold. First, it shows an undue (silent) impact of an ethics-first perspective. Second, empirical approaches to political legitimacy mostly focus on...
Persistent link: https://www.econbiz.de/10010862195
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...
Persistent link: https://www.econbiz.de/10010862196
In this article, we critically discuss the issues of discursive quality and democratic legitimacy in deliberative experiments taking place in a transnational and pluri-lingual setting. Our main argument is that while deliberative polls through careful scientific design and organisation may...
Persistent link: https://www.econbiz.de/10010862197
What is the explanatory potential of deliberative democracy? This paper analyses collective decision-making in a political context with reference to warrants , which explain the conversion from premises to conclusion and with reference to the deontological powers of status functions . The first...
Persistent link: https://www.econbiz.de/10010862198
European citizenship poses a theoretical challenge to the paradigmatic understanding of citizenship as congruence between nation, state, and membership rights. This challenge is addressed in this paper by focusing on ideal typical models of the EU polity. Is EU citizenship more...
Persistent link: https://www.econbiz.de/10010862199
This article demonstrates how organisational structure may systematically tip the scales in the direction of certain actors, solutions, interests and concerns in a decision process. The article reports from a case study of an organisational reform in the European Commission, i.e., the move of...
Persistent link: https://www.econbiz.de/10010862200
This paper shows that the main pattern of European democratisation has unfolded along the lines of an EU organised as a multilevel system of representative parliamentary government and not as a system of deliberative governance as the transnationalists propound. But the multilevel EU has...
Persistent link: https://www.econbiz.de/10010862201
The capability approach developed by Martha Nussbaum and Amartya Sen has received substantial attention in recent years, in philosophical exchanges as well as in more applied discussions on policy-making, in particular in developing countries, but lately also in Western countries, including...
Persistent link: https://www.econbiz.de/10010862202
This paper shows how the framing of complex policy issues on the EU legislative agenda influences the processing of political interests and ideas and their expression in policy choices. By tracing the policy-making process in the field of EU biotechnology over a twenty-year period, the analysis...
Persistent link: https://www.econbiz.de/10010862203