Deliberative Supranationalism Revisited
AbstractLegal and political science cannot merge, but they should, at the very least, listen to each other. This working paper is a further step in an ongoing interdisciplinary cooperation which seeks to make sense out of Louis Henkin’s famous admonition. This co-operation had begun with a research project on the European comitology system in 1995 and the publication, inter alia, of two articles on deliberative supranationalism in 1997. The present article is an effort to get?/go beyond the scope of our original analyses and to explore the potential of our guiding ideas at a more general level of integration research. In Part I of this paper, Jürgen Neyer summarises strands of normative and positive political theory on which deliberative approaches to international and European governance can build. These approaches not only support coherence, social acceptanceand normative recognition, they also have in important potential for the design of empirical studies. They seem to be particularly promising for the understanding of the institutional design and the political process in the EU. In Part II, Christian Joerges first summarises the objections against deliberative suprantionalism and comitology in legal science. He then presents a conflict-of-law’sapproach to European law which builds upon the 1997 articles and seeks to develop their normative-legal perspectives further. European law is interpreted as a new type of conflict of law which constitutionalises a European unitas in pluralitate. Comitology is interpreted as a cognitive opening of the legal system which institutionalises a second order of conflict of laws
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 European University Institute (EUI), Department of Law in its series EUI-LAW Working Papers with number 20.
Date of creation: 01 Sep 2006
Date of revision:
Contact details of provider:
Web page: http://www.eui.eu/LAW/
democracy; law; integration theory; legitimacy; participation; political representation; supranationalism;
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Mario Savino, 2005. "The Constitutional Legitimacy of the EU Committees," Les Cahiers europÃ©ens de Sciences Po 3, Centre d'études européennes (CEE) at Sciences Po, Paris.
- Follesdal, Andreas & Hix, Simon, 2005. "Why There is a Democratic Deficit in the EU: A Response to Majone and Moravcsik," European Governance Papers (EUROGOV) 2, CONNEX and EUROGOV networks.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Machteld Nijsten).
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.