David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Law and Philosophy 16 (4):331-356 (1997)
Is there a ‘constitutional moment’in contemporary Europe? What if anything is the constitution of the European Union; what kind of polity is the Union? The suggestion offered is that there is a legally constituted order, and that a suitable term to apply to it is a ‘commonwealth’, comprising a commonwealth of ‘post-sovereign’ states. Is it a democratic commonwealth, and can it be? Is there sufficiently a demos or ‘people’ for democracy to be possible? If not democratic, what is it? Monarchy, oligarchy, or democracy, or a ‘mixed constitution’? Argued: there is a mixed constitution containing a reasonable element of democratic rule. The value of democracy is then explored in terms of individualistic versus holistic evaluation and instrumental versus intrinsic value. Subsidiarity can be considered in a similar light, suggestively in terms of forms of democracy appropriate to different levels of self-government. The conclusion is that there is no absolute democratic deficit in the European commonwealth.
|Keywords||constitution European union commonwealth democracy subsidiarity citizenship|
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Matej Avbelj (2014). Theorizing Sovereignty and European Integration. Ratio Juris 27 (3):344-363.
Andreas Follesdal (2008). Equality of Education and Citizenship: Challenges of European Integration. Studies in Philosophy and Education 27 (5):335-354.
Andreas Føllesdal (2009). Universal Human Rights as a Shared Political Identity Impossible? Necessary? Sufficient? Metaphilosophy 40 (1):77-91.
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