Political Theory and the European Constitution

ISBN-13: 9780415340670 / Angielski / Twarda / 2004 / 240 str.

Lynn Dobson; Andreas Follesdal

Opis

In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory.
The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders:
* European values, especially the legitimate role of alleged common values
* liberty and powers - how does the draft Constitution address competing normative preferences?
* the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.

Spis treści

Introduction Lynn Dobson and Andreas FøllesdalPart 1: Constitutionalising a multinational federation?1. 'Is federalism for Europe a solution or a problem: Tocqueville inverted, perverted or subverted?' Philippe C. Schmitter2. 'The EU as a Self-sustaining Federation: Specifying the Constitutional Conditions' David McKay, University of Essex3. 'A Union of Peoples? Diversity and the Predicaments of a Multinational Polity' Peter A. KrausPart 2: Philosophical contestations: the Convention process1. 'The Normality of Constitutional Politics: an Analysis of the Drafting of the EU Charter of Fundamental Rights' Richard Bellamy and Justus Schönlau2. 'Europe united under God or not - or both?' Tore Vincents Olsen3. 'The Open Method of Co-ordination in the European Convention: an opportunity lost?' Myrto TsakatikaPart 3: The Union's values: liberty, democracy, transparency, and rights1. 'Liberty and power in the Constitution' Lynn Dobson2, 'The constitutional labelling of 'the democratic life of the EU': representative and 'participatory' democracy' Stijn Smismans3. 'Transparency and output legitimacy' Daniel Naurin4. 'An institutional dialogue on common principles. The significance of the EU Charter of Fundamental Rights' Claudia Attucci5. 'Motivating Judges. Democracy, Judicial Discretion, and the European Court of Human Rights' Roberto Gargarella6. Conclusion: Andreas Føllesdal and Lynn Dobson