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The Normality of Constitutional Politics: an Analysis of the Drafting of the EU Charta of Fundamental Rights

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  • Richard Bellamy
  • Justus Schoenlau
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    Abstract

    Constitutional politics is often contrasted with normal politics as being more deliberative and so able to produce a principled consensus rather than a compromise. This article qualifies this view. The authors argue that the potential exists for reasonable disagreement even over such basic constitutional principles as rights. As a result, a constitution can only be agreed by employing the art of compromise typical of normal politics. Indeed, a prime role of constitutional politics lies in showing how conflicts can be normalised. The authors illustrate their argument via a detailed analysis of the various political compromises employed by the convention to draft the EU Charter of Fundamental Rights.

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    File URL: https://www.wiso.uni-hamburg.de/fileadmin/sowi/politik/governance/ConWeb_Papers/conweb6-2003.pdf
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    Bibliographic Info

    Paper provided by University of Bath, Department of European Studies and Modern Languages in its series The Constitutionalism Web-Papers with number p0027.

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    Date of creation: 31 Dec 2003
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    Handle: RePEc:erp:conweb:p0027

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    Web page: http://www.bath.ac.uk/esml/

    Related research

    Keywords: constitution building; EU Charter of Fundamental Rights; fundamental/human rights;

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