Administrative / Constitutional Law European Union Law

Constituent Power in the European Union

By Markus Patberg
Oxford University Press December 2020

Specifications

ISBN-13
9780198845218
Publisher
Oxford University Press
Publication
December 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The euro crisis, rising Euroscepticism, and Brexit have once again highlighted the European Union's unresolved legitimacy deficit. Increasingly, citizens claim to have been illegitimately excluded from decisions about the future of European integration. Movements such as DiEM25 call into question the authority of the states as the 'masters of the treaties'. At the same time, political theory's debate about the EU has become ever more academic. The discipline is preoccupied with the production and refinement of abstract models of democratic constitutionalism whose connection to real politics is thin. This book seeks to develop a new approach to EU legitimacy by reorienting the debate from the question of how the supranational polity should ideally be organized to the question of who is entitled to make that decision and how. To that end, it reformulates the classical notion of constituent power for the context of European integration. This account challenges conventional theoretical assumptions regarding the EU's ultimate source of authority and enables political theory to put to the test the claims of those who organized to the question of who is entitled to make that decision and how.

Table of Contents

Introduction: Reclaiming Constituent Power
Part I: Setting the Stage
1: Why Constituent Power? European Integration and the Problem of Usurpation
2: Public Narratives of Constituent Power in the European Union
Part II: Exploring Competing Models
3: Regional-Cosmopolitan Constituent Power
4: Demoi-cratic Constituent Power
5: Dual Constituent Power
6: Destituent Power
Part III: Constructing a New Theory
7: Higher-Level Constituent Power: A New Conceptual Framework
8: Citizens All the Way Down: Rethinking the Dual Constituent Subject
9: Extraordinary Partisanship: The Problem of Political Agency
10: A Permanent Constitutional Assembly: An Institutional Proposal
Conclusion: Constituent Power and the Future of the European Union
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