The Levelling Up of Constituent Power in the European Union

The Levelling Up of Constituent Power in the European Union

Author: Markus Patberg

Publisher:

Published: 2017

Total Pages: 0

ISBN-13:

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In this article, I elaborate a conceptual innovation that underlies, if only in nascent form, Jürgen Habermas's notion of pouvoir constituant mixte and could significantly advance research on the democratic legitimacy of EU constitutional politics: the levelling up of constituent power. According to this idea, state-level pouvoirs constituants may issue an authorization for constitutional decision-making at the supra-state level and thereby bring about a new constituent power whose composition can take a variety of forms. This conceptual framework paves the way for a systematic analysis of the EU's pouvoir constituant and its relation to the demoi of the member states. At the same time, it renders it an open normative question of who should be in charge of EU constitutional politics. This article is part of the March 2017 Symposium titled 'The EU's Pouvoir Constituant Mixte', which also includes The EU's Pouvoir Constituant Mixte - Exploring the Systematic Potential of an Innovative Category by Markus Patberg (DOI: ), Citizen and State Equality in a Supranational Political Community: Degressive Proportionality and the Pouvoir Constituant Mixte by Jürgen Habermas (DOI: ), The 'Mixed' Constituent Legitimacy of the European Federation by Peter Niesen (DOI: ), The European Parliament as a Forum of National Interest? A Transnationalist Critique of Jürgen Habermas' Reconstruction of Degressive Proportionality by Jelena von Achenbach (DOI: ) and Divided Sovereignty, Nation and Legal Community by Klaus Günther (DOI: ).


The 'Mixed' Constituent Legitimacy of the European Federation

The 'Mixed' Constituent Legitimacy of the European Federation

Author: Peter Niesen

Publisher:

Published: 2017

Total Pages: 0

ISBN-13:

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Constitutional lawyers and political scientists have described the European Union as a federation of states (fédération, Bund). They deny that federations generate a new union-wide constituent authority besides the pouvoirs constituants of the member states. Habermas argues that federative constituent power lies with individuals in their dual roles as citizens of the several states and as citizens of the Union. I argue that from the perspective of democratic theory, this view is methodologically superior to other 'dualist' views of federative constituent power (J. Cohen), but go on to criticize it in two respects. It gives insufficient justification for the persistence of domestic pouvoirs constituants, and it reifies their defensive function. This article is part of the March 2017 Symposium titled 'The EU's Pouvoir Constituant Mixte', which also includes The EU's Pouvoir Constituant Mixte - Exploring the Systematic Potential of an Innovative Category by Markus Patberg (DOI: ), Citizen and State Equality in a Supranational Political Community: Degressive Proportionality and the Pouvoir Constituant Mixte by Jürgen Habermas (DOI: ), The European Parliament as a Forum of National Interest? A Transnationalist Critique of Jürgen Habermas' Reconstruction of Degressive Proportionality by Jelena von Achenbach (DOI: ), The Levelling Up of Constituent Power in the European Union by Markus Patberg (DOI: ) and Divided Sovereignty, Nation and Legal Community by Klaus Günther (DOI:).


Constituent Power in the European Union

Constituent Power in the European Union

Author: Markus Patberg

Publisher: Oxford University Press, USA

Published: 2021-01-03

Total Pages: 273

ISBN-13: 0198845219

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This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.


Political Theory and the European Constitution

Political Theory and the European Constitution

Author: Lynn Dobson

Publisher: Routledge

Published: 2004-08-02

Total Pages: 256

ISBN-13: 1134297041

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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.


Introduction

Introduction

Author: Markus Patberg

Publisher:

Published: 2017

Total Pages: 0

ISBN-13:

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According to Jürgen Habermas's notion of pouvoir constituant mixte, the EU needs to derive its democratic legitimacy from a dual subject, consisting of the community of European citizens on the one hand and the communities of state citizens on the other. In this introduction, I outline some of the basic ideas behind the pouvoir constituant mixte, situate the category within wider debates about democracy in the EU and the future of European integration, and provide a brief summary of the symposium contributions. This article is part of the March 2017 Symposium titled 'The EU's Pouvoir Constituant Mixte', which also includes Citizen and State Equality in a Supranational Political Community: Degressive Proportionality and the Pouvoir Constituant Mixte by Jürgen Habermas (DOI: ), The 'Mixed' Constituent Legitimacy of the European Federation by Peter Niesen (DOI: ), The European Parliament as a Forum of National Interest? A Transnationalist Critique of Jürgen Habermas' Reconstruction of Degressive Proportionality by Jelena von Achenbach (DOI: ), The Levelling Up of Constituent Power in the European Union by Markus Patberg (DOI: ) and Divided Sovereignty, Nation and Legal Community by Klaus Günther (DOI: ).


The Paradox of Constitutionalism

The Paradox of Constitutionalism

Author: Martin Loughlin

Publisher:

Published: 2007

Total Pages: 375

ISBN-13:

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In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.


Citizen and State Equality in a Supranational Political Community

Citizen and State Equality in a Supranational Political Community

Author: Jürgen Habermas

Publisher:

Published: 2017

Total Pages: 0

ISBN-13:

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In the European Parliament seats are distributed according to a principle of degressive proportionality that privileges smaller member states. While serving the principle of state equality, this arrangement seems to violate the principle of citizen equality. In this article, I consider whether a deviation from the equal representation of citizens can be justified in the context of a supranational political community. The main thesis is that the conflict between citizen and state equality can be dissolved if we understand the European Union as based on a pouvoir constituant mixte. Today, each European finds herself in a dual role as an EU citizen and a state citizen. While the member state peoples strive for supranational democracy, they have an interest in preserving their domestic structures of self-government. Thus, the rules of representation in the EP can be reconstructed as an expression of the legitimate will of a dual constituent subject. This article is part of the March 2017 Symposium titled 'The EU's Pouvoir Constituant Mixte', which also includes The EU's Pouvoir Constituant Mixte - Exploring the Systematic Potential of an Innovative Category by Markus Patberg (DOI: ), The 'Mixed' Constituent Legitimacy of the European Federation by Peter Niesen (DOI: ), The European Parliament as a Forum of National Interest? A Transnationalist Critique of Jürgen Habermas' Reconstruction of Degressive Proportionality by Jelena von Achenbach (DOI: ), The Levelling Up of Constituent Power in the European Union by Markus Patberg (DOI: ) and Divided Sovereignty, Nation and Legal Community by Klaus Günther (DOI: ).


The Crisis of the European Union

The Crisis of the European Union

Author: Jürgen Habermas

Publisher: John Wiley & Sons

Published: 2014-03-03

Total Pages: 128

ISBN-13: 0745681530

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Translated by Ciaran Cronin. In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very existence of the European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states. Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership.


Authoritarian Liberalism and the Transformation of Modern Europe

Authoritarian Liberalism and the Transformation of Modern Europe

Author: Michael A. Wilkinson

Publisher: Oxford University Press

Published: 2021

Total Pages: 353

ISBN-13: 0198854757

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This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.


Reconsidering EU Citizenship

Reconsidering EU Citizenship

Author: Sandra Seubert

Publisher: Edward Elgar Publishing

Published: 2018-04-27

Total Pages: 295

ISBN-13: 1788113543

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25 years after the introduction of EU citizenship this book reconsiders its contradictions and constraints as well as promises and prospects. Analyzing a disputed concept and evaluating its implementation and social effects Reconsidering EU Citizenship contributes to the lively debate on European and transnational citizenship. It offers new insights for the ongoing theoretical debates on the future of EU citizenship – a future that will be determined by the transformative path the EU is going to take vis à vis the centrifugal forces of the current economic and political crisis.