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The Justification of Europe
The debate on the EU's legitimacy has long suffered from a number of serious misunderstandings. Supranational politics, Jurgen Neyer argues, is not about the making of public order in Europe but about internalizing external effects and fostering the individual right to justification. The concepts of 'state' and 'democracy', he suggests, are essentially useless for understanding and justifying the EU's structures and practices. The European Union is a dualistic polity that is not replacing but supplementing its member states. Its modus of operation is the joint exercise of pooled competencies on the normative basis of the principle of mutual recognition. He goes on to show that the EU provide...
The European Union
This book seeks to answer the question 'Which institutional architecture for which kind of democracy for the EU?' by bringing two important recent debates together- the institutional analysis of the Union and its democratic assessment. The book examines a series of institutional architectures in light of the democratic quality of the processes and decisions generated by them. The discussion of these various institutional architectures is preceded by an analysis of the democratic values and principles according to which institutional architectures and governance structures should be assessed. The first part of the volume starts from key democratic principles and indicates which institutional ...
Political Theory of the European Union
Debate about the theory underpinning the nature, workings, and development of the European (EU) has in many ways been hampered in recent years by an intellectual divergence in the two main ways that the EU is conceptualized. On the one hand is a political science and comparative government oriented strand that sees the EU as a political system in its own right. On the other is the international relations tradition which conceptualizes it as another international organization.Alongside this, the EU itself has developed a significant constitutional dimension. Indeed, the debate surrounding the 'Constitutional Treaty' presented several challenges to our capacity to grasp the normative change of...
Constitutional Public Reason
Public reason, which urges that only laws based on principles reasonably agreeable to all those bound by them are legitimate, has rarely been applied to constitutional law, and never in a comparative way. This book aspires to fill that gap, by studying the use of public reason in different constitutional systems. In doing so, it studies public reason both as a normative idea - as a principle postulated for democratic constitutionalism, and as a descriptive account - as helping to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world, and also in the supranational sphere. Constitutional Public Reason questions the performance...
The Cosmopolitan Constitution
The foundations of constitutional authority have changed since modern constitutions first emerged in the eighteenth century. Originally, the constitution is supposed to express and to channel popular sovereignty. It is a work of freedom. It springs from, and facilitates, collective self-determination. This perspective changes after the Second World War. From now on constitutional authority is supposed to commit itself credibly to human rights. The people recede into the background. Universal principles command respect. Moreover, the national constitution becomes embedded into one or the other system of peer review among nations. This marks the advent of the cosmopolitan constitution. But this new cosmopolitan paradise is ambivalent. Greater civility and mutual supervision in the relation among peoples exacts the price of their political disempowerment. The question is whether this new form of constitutional authority can be based on an alternative form of collective self-determination that is no longer political but cosmopolitan in kind. But would such a shift, even if possible, be also desirable?
Constitutionalism Justified
"Rainer Forst is a leading German political philosopher and was named "the most important political philosopher of his generation" upon his 2012 receipt of the Leibniz Prize. This book brings together discussion from political philosophy, constitutional theory, and legal philosophy to examine Forst's theory of justice, paying special attention to the application of his moral theory to legal fields. Forst then responds to his interlocutors in a concluding chapter. The book is structured from the general to the specific, and begins by examining Forst's "right to justification" as the basis for justice. This right is in the second section extended to the realm of constitutional theory. The third section addresses justification and proportionality within constitutional law. The concluding section sees Forst respond to the foregoing chapters"--
A Union of Peoples
Many political and legal philosophers compare the EU to a federal union and believe its basic laws should be subject to the standards of constitutional law, and thus find it lacking or incomplete. This book proposes a rival theory: that the substance of EU law is not constitutional, but international, and provides a close examination of the treaties and the precedents of the European courts to explore this concept further. Just like international law, EU law applies primarily to the relations between member states, who have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the Eur...
Varieties of European Economic Law and Regulation
This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz’ work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.
Constituent Power in the European Union
This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.
Europa im Unfrieden
Die größte Herausforderung politischer Systeme liegt in ihrer Fähigkeit, den inneren sozialen Frieden zu bewahren. Anhand historischer Beispiele zeigt Jürgen Neyer, dass es in der europäischen Geschichte ein wiederkehrendes Muster sozialer Konflikte, übermäßiger Machtkonzentrationen und politischen Verfalls gibt - und dass die Europäische Union auf dem besten Weg ist, dieses Muster zu wiederholen. Mit einer Mischung aus theoretischen Reflexionen, historischen Darlegungen und aktuellen politischen Analysen weisen seine Rekonstruktionen einen Weg zu einem europäischen Neustart.
