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Persistent link: https://www.econbiz.de/10005553283
Supranationality is the normative principle animating European Community law. It says, roughly, that a supranational community eliminates disadvantages that arise for persons as a consequence of the co-existence of nation states. In the course of the integration process, this principle has been...
Persistent link: https://www.econbiz.de/10005236994
Both in moral philosophy more generally and in political philosophy and theory (including constitutional theory) more specifically we have been witnessing a paradigmatic challenge of the conceptual foundations of moral constructivism and political liberalism. Although building on rather...
Persistent link: https://www.econbiz.de/10008469694
national parliament cannot, without undermining its own legitimacy, allow the results of a constitutional referendum to be …
Persistent link: https://www.econbiz.de/10011515362
important issue of strengthening the legitimacy of the dispute settlement system, and a possible role for the standard of review …
Persistent link: https://www.econbiz.de/10004969243
In this paper, I explore in a systematic manner the different components of the democratic legitimacy of the Union from … constitutional traditions of the member states, which lend democratic legitimacy to the whole European legal order. On the other hand …
Persistent link: https://www.econbiz.de/10005040531
depoliticization. As the experience of the EU suggests, the combination of popular democracy and legitimacy is proving increasingly …
Persistent link: https://www.econbiz.de/10005754623
constitutionalisation from below further. That incremental striving for a law-mediated legitimacy of European governance remains, so the …
Persistent link: https://www.econbiz.de/10005754805
Rarely in recent years has a violent ethnic conflict been so clearly foreseen by so many experts as in the case of Kosovo. The escalation of the conflict in early 1999 led to a specific combination of war, terror and genocide which was very different from traditional civil and international war....
Persistent link: https://www.econbiz.de/10005236995
Abstract: The Lisbon Treaty marks the end, at least for the foreseeable future, of the project of a European Constitution. But does it also mean a rejection of the tradition of Western constitutionalism? The author addresses the question outlining, first, the main elements of the modern Western...
Persistent link: https://www.econbiz.de/10008611175