The Normality of Constitutional Politics: an Analysis of the Drafting of the EU Charta of Fundamental Rights
AbstractConstitutional 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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Bibliographic InfoPaper provided by University of Bath, Department of European Studies and Modern Languages in its series The Constitutionalism Web-Papers with number p0027.
Date of creation: 31 Dec 2003
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Web page: http://www.bath.ac.uk/esml/
constitution building; EU Charter of Fundamental Rights; fundamental/human rights;
This paper has been announced in the following NEP Reports:
- NEP-ALL-2006-12-16 (All new papers)
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