The European Union stands before a constitutional moment. While some deny the need for a constitution and others want a familiar federal form, I argue that one of the main goals of the constitutional convention ought to be to make the European Union more democratic. The central question is: what sort of democracy is suggested by some of the more novel aspects of European integration? This question demands a normative standard by which to evaluate the realization of democracy in transnational polities. Along republican lines, the proper standard is nondomination. With this normative framework in mind, the problem that the constitution has to solve is juridification, or the possibility of legal domination where there is no unified sovereignty. The solution to this problem of legal domination requires that the constitution institute a reflexive legal order best realized in a deliberative federalism appropriate to a polycentric and diverse polity. Finally, the institutions of this federalism ought also to be characterized through their distinctive form of inquiry, which, borrowing from Gerald Ruggie, I call ‘multiperspectival’. In a transnational polity with multiple demoi, such a democracy is best realized through dispersed and plural forms of authority and in a differentiated institutional structure anchored in a reflexive constitution.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1177/1474885104043586
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 60,842
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Creating Cosmopolitans.Patti Tamara Lenard - 2012 - Critical Review of International Social and Political Philosophy 15 (5):613-630.
Europe’s ‘American Dream’.John Erik Fossum - 2009 - European Journal of Social Theory 12 (4):483-504.

Add more citations

Similar books and articles

Responsible Innovation for Decent Nonliberal Peoples: A Dilemma?Pak-Hang Wong - 2016 - Journal of Responsible Innovation 3 (2):154-168.
Toward a Democratic Rule of Law.Stephen L. Esquith - 1999 - Political Theory 27 (3):334-356.
Condorcet’s Democratic Theory of Representative Government.Nadia Urbinati - 2004 - European Journal of Political Theory 3 (1):53-75.
Civil Society, Constitution, and Legitimacy.Andrew Arato - 2000 - Rowman & Littlefield Publishers.
Defining the Demos.Ben Saunders - 2012 - Politics, Philosophy and Economics 11 (3):280-301.


Added to PP index

Total views
27 ( #396,689 of 2,438,869 )

Recent downloads (6 months)
1 ( #435,061 of 2,438,869 )

How can I increase my downloads?


My notes