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Coping with constitutional incompatibilities Bargains and Rhetoric in the Convention on the Future of Europe

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Paul Magnette
Abstract

While acknowledging that the European Convention was merely dominated by strategic behaviors, like former treaty changes, this paper examines the role played by arguments in the process. It first shows that the Laeken mandate comprised rules which could be used by the majority of the conventioneers to promote a deliberative norm. It then analyses, using Perelman's Treaty of argumentation, the different kinds of arguments used by the conventionneers to solve incompatibilities, and stresses the major role played by the "rhetoric of simplification". It concludes that, although these formalist arguments proved inefficient where questions of power were at stake, the potential long-term effect of this deliberative process should not be neglected.

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Paper provided by Jean Monnet Chair in its series Jean Monnet Working Papers with number 14.

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Date of creation: 31 Dec 2003
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Handle: RePEc:erp:jeanmo:p0153

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Related research
Keywords: constitution building; intergovernmentalism; European Convention;

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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.:
  1. Paul Magnette, 2003. "European Governance and Civic Participation: Beyond Elitist Citizenship?," Political Studies, Political Studies Association, vol. 51(1), pages 144-160, 03. [Downloadable!] (restricted)
  2. Johan P. Olsen, 2002. "Reforming European Institutions of Governance," Journal of Common Market Studies, Blackwell Publishing, vol. 40(4), pages 581-602, November. [Downloadable!] (restricted)
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