IDEAS home Printed from https://ideas.repec.org/p/erp/euilaw/p0055.html
   My bibliography  Save this paper

Deliberative Supranationalism Revisited

Author

Listed:
  • Christian Joerges; Jurgen Neyer

Abstract

Legal 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

Suggested Citation

  • Christian Joerges; Jurgen Neyer, 2006. "Deliberative Supranationalism Revisited," EUI-LAW Working Papers 20, European University Institute (EUI), Department of Law.
  • Handle: RePEc:erp:euilaw:p0055
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/1814/6251
    File Function: Full text
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. 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.
    2. Mario Savino, 2005. "The Constitutional Legitimacy of the EU Committees," Les Cahiers européens de Sciences Po 3, Centre d'études européennes (CEE) at Sciences Po, Paris.
    3. Grant, Ruth W. & Keohane, Robert O., 2005. "Accountability and Abuses of Power in World Politics," American Political Science Review, Cambridge University Press, vol. 99(1), pages 29-43, February.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Jonas Tallberg & Thomas Sommerer & Theresa Squatrito, 2016. "Democratic memberships in international organizations: Sources of institutional design," The Review of International Organizations, Springer, vol. 11(1), pages 59-87, March.
    2. Marco Grasso & J. David Tàbara, 2019. "Towards a Moral Compass to Guide Sustainability Transformations in a High-End Climate Change World," Sustainability, MDPI, Open Access Journal, vol. 11(10), pages 1-16, May.
    3. Daniel L. Nielson & Susan D. Hyde & Judith Kelley, 2019. "The elusive sources of legitimacy beliefs: Civil society views of international election observers," The Review of International Organizations, Springer, vol. 14(4), pages 685-715, December.
    4. Joerges, Christian, 2007. "Integration through de-legislation? An irritated heckler," European Governance Papers (EUROGOV) 3, CONNEX and EUROGOV networks.
    5. Elena Mihaela LIGHIAN, 2012. "Multilevel Governance and Principle of Subsidiarity in the European Union," Europolity – Continuity and Change in European Governance - Old Series, Department of International Relations and European Integration, National University of Political Studies and Public Administration, vol. 6(1-2), pages 15-26.
    6. Philippe Stoesslé & Valeria Alejandra Patiño Díaz & Yetzi Rosales Martínez, 2020. "Transnational Advocacy Networks of Migrants and Asylum Seekers’ Human Rights: The San Diego—Tijuana Border in the Trump Era," Social Sciences, MDPI, Open Access Journal, vol. 9(8), pages 1-21, August.
    7. Ecker-Ehrhardt, Matthias, 2013. "Why do they want the UN to decide? A two-step model of public support for UN authority," TranState Working Papers 171, University of Bremen, Collaborative Research Center 597: Transformations of the State.
    8. Wilde, Pieter de & Junk, Wiebke Marie & Palmtag, Tabea, 2016. "Accountability and opposition to globalization in international assemblies," EconStor Open Access Articles, ZBW - Leibniz Information Centre for Economics, pages 823-846.
    9. Francesco De Luca & Jenice Prather-Kinsey, 2018. "Legitimacy theory may explain the failure of global adoption of IFRS: the case of Europe and the U.S," Journal of Management & Governance, Springer;Accademia Italiana di Economia Aziendale (AIDEA), vol. 22(3), pages 501-534, September.
    10. Johannes Urpelainen, 2012. "How Does Democratic Accountability Shape International Cooperation?," Conflict Management and Peace Science, Peace Science Society (International), vol. 29(1), pages 28-55, February.
    11. Axel Dreher & Katharina Michaelowa, 2008. "The political economy of international organizations," The Review of International Organizations, Springer, vol. 3(4), pages 331-334, December.
    12. Michelle Scobie, 2018. "Accountability in climate change governance and Caribbean SIDS," Environment, Development and Sustainability: A Multidisciplinary Approach to the Theory and Practice of Sustainable Development, Springer, vol. 20(2), pages 769-787, April.
    13. Ecker-Ehrhardt, Matthias, 2010. "Problem perception and public expectations in international institutions: Evidence from a German representative survey," Discussion Papers, Research Unit: Global Governance SP IV 2010-302, WZB Berlin Social Science Center.
    14. Jonas Tallberg & Thomas Sommerer & Theresa Squatrito, 2016. "Democratic memberships in international organizations: Sources of institutional design," The Review of International Organizations, Springer, vol. 11(1), pages 59-87, March.
    15. Hortala-Vallve, Rafael & Larcinese, Valentino, 2017. "The Perverse Consequences of Policy Restrictions in the Presence of Asymmetric Information," Political Science Research and Methods, Cambridge University Press, vol. 5(3), pages 411-425, July.
    16. CDP subgroup on Accountability, 2015. "International Tax Cooperation and Implications of Globalization," CDP Background Papers 025, United Nations, Department of Economics and Social Affairs.
    17. Sherrie Steiner, 2011. "Religious Soft Power as Accountability Mechanism for Power in World Politics," SAGE Open, , vol. 1(3), pages 21582440114, October.
    18. Terry Macdonald, 2008. "What's So Special about States? Liberal Legitimacy in a Globalising World," Political Studies, Political Studies Association, vol. 56(3), pages 544-565, October.
    19. Gulrajani, Nilima, 2010. "Challenging global accountability: the intersection of contracts and culture in the World Bank," LSE Research Online Documents on Economics 30045, London School of Economics and Political Science, LSE Library.
    20. Claus Offe & Ulrich K. Preuss, 2006. "The Problem of Legitimacy in the European Polity. Is Democratization the Answer?," The Constitutionalism Web-Papers p0028, University of Hamburg, Faculty for Economics and Social Sciences, Department of Social Sciences, Institute of Political Science.

    More about this item

    Keywords

    democracy; law; integration theory; legitimacy; participation; political representation; supranationalism;
    All these keywords.

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:erp:euilaw:p0055. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Machteld Nijsten) The email address of this maintainer does not seem to be valid anymore. Please ask Machteld Nijsten to update the entry or send us the correct email address. General contact details of provider: http://www.eui.eu/LAW/ .

    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 CitEc recognized a reference but did not link an item in RePEc 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 RePEc Author Service 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.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.