Book contents
- Europe’s Second Constitution
- Cambridge Studies in Constitutional Law
- Europe’s Second Constitution
- Copyright page
- Contents
- Preface
- Acknowledgements
- Table of Cases
- Table of Legislation
- Abbreviations
- 1 Introduction
- 2 Demos Obstacles to European Constitutionalization
- 3 Civitas Obstacles to European Constitutionalization
- 4 Ius Obstacles to European Constitutionalization
- 5 Addressing the Legal Obstacles to EU Constitutionalization
- 6 Conclusions
- Bibliography
- Index
3 - Civitas Obstacles to European Constitutionalization
Published online by Cambridge University Press: 21 September 2020
- Europe’s Second Constitution
- Cambridge Studies in Constitutional Law
- Europe’s Second Constitution
- Copyright page
- Contents
- Preface
- Acknowledgements
- Table of Cases
- Table of Legislation
- Abbreviations
- 1 Introduction
- 2 Demos Obstacles to European Constitutionalization
- 3 Civitas Obstacles to European Constitutionalization
- 4 Ius Obstacles to European Constitutionalization
- 5 Addressing the Legal Obstacles to EU Constitutionalization
- 6 Conclusions
- Bibliography
- Index
Summary
Democracy and the EU have a heated relationship that has been much debated – by legal scholars and the European courts alike. For many, it is inherently difficult – if not impossible – to claim that the EU, as a whole, is reflective of democratic ideas and practices. There are, allegedly, particular areas of deficiency – from the usurping of domestic legislative jurisdiction, to the absence of civic responsibility among the peoples of Europe per se. As this chapter will demonstrate, it is my belief that most of the particular areas of alleged deficiency are not, in fact, serious obstacles to the European constitutionalization process. Rather, many are a natural and predictable occurrence.
- Type
- Chapter
- Information
- Europe's Second ConstitutionCrisis, Courts and Community, pp. 101 - 154Publisher: Cambridge University PressPrint publication year: 2020