Showing 1 - 7 of 7
In this essay, it is argued that legal and political argument on the European constitution requires putting forward a normative conception of the constitution. Next to the formal and material understandings of the constitution, there is a need for a conception that determines the legitimacy...
Persistent link: https://www.econbiz.de/10005040341
Joseph Weiler's Un'Europa Cristiana argues that there should be an explicit reference to the Christian roots of European identity in the Preamble of an eventual European Constitution. Such a claim requires discussing the groundings of European identity, its relation with personal and collective...
Persistent link: https://www.econbiz.de/10005040360
In this paper, I explore in a systematic manner the different components of the democratic legitimacy of the Union from the standpoint of deliberative democratic theory. Contrary to standard accounts, I claim that the question must be disaggregated, given that the Union has not only several...
Persistent link: https://www.econbiz.de/10005040531
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/10008803020
How can sociology contribute to the understanding of the social and political transformations that are affecting contemporary Europe? The article proposes that sociological accounts of European integration should focus around the basic problem of internal differentiation and external adaptation...
Persistent link: https://www.econbiz.de/10005040207
The paper starts by discussing what I think most students of government hold to be the most characteristic features of development over the last couple of decades; namely ‘agencification’ and fragmentation of national governments. Interestingly, when dealing with the problems such a...
Persistent link: https://www.econbiz.de/10005040322
In this paper the relationship between constitution and state is analysed. The EU's constitutional structure is evaluated according to three ideas of constitutionalism: the evolutionary or functionalist idea; the power-binding idea; and the power-establishing or revolutionary idea. It is found that...
Persistent link: https://www.econbiz.de/10005040347