The Constitution’s Gift? A deliberative democratic analysis of constitution-making in the European Union
AbstractOur aim in this article is to consider whether the Union’s deliberation over and decision-making on constitutional norms, can contribute to render it more democratic. From a normative perspective, the way a constitution is forged has deep implications for its democratic legitimacy. In light of recent events, we consider how procedural changes in constitution-making might contribute to rectify the Union’s democratic deficit. To do so we first develop a thin model of constitution-making based on the central tenets of deliberative democracy. We seek to outline how a legitimate constitution-making process will look from a deliberative democratic perspective. Second, we distil out some of the core characteristics of the Intergovernmental Conference (hereafter, IGC) model and assess this against the normative model, to establish the democratic quality of the IGC model. Third, we assess the current Laeken process by means of spelling out the central tenets of this mode of constitution-making, and we assess it in relation to the normative standards of the deliberative model. In the fourth and final step, we consider what contribution constitution-making might make to the handling of the EU’s legitimacy deficit(s). This article has later been published in European Law Journal vol. 11, No.4, pp. 380-410
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoPaper provided by ARENA in its series ARENA Working Papers with number 13.
Date of creation: 14 Mar 2005
Date of revision:
Contact details of provider:
Web page: http://www.arena.uio.no/
deliberative democracy; constitution building; legitimacy; normative political theory;
This paper has been announced in the following NEP Reports:
- NEP-ALL-2001-10-16 (All new papers)
You can help add them by filling out this form.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Sindre Eikrem Hervig).
If references are entirely missing, you can add them using this form.