Constituent Power in the European Union (Oxford Constitutional Theory)

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Notă GoodReads:
en Limba Engleză Hardback – 03 Dec 2020
The euro crisis, rising Euroscepticism, and Brexit have once again highlighted the European Union's unresolved legitimacy deficit. Increasingly, citizens claim to have been illegitimately excluded from decisions about the future of European integration. Movements such as DiEM25 call into question the authority of the states as the 'masters of the treaties'. At the same time, political theory's debate about the EU has become ever more academic. The discipline ispreoccupied with the production and refinement of abstract models of democratic constitutionalism whose connection to real politics is thin. This book seeks to develop a new approach to EU legitimacy by reorienting the debate from the question of how the supranational polity should ideally be organized tothe question of who is entitled to make that decision and how. To that end, it reformulates the classical notion of constituent power for the context of European integration. This account challenges conventional theoretical assumptions regarding the EU's ultimate source of legitimacy and enables political theory to put to the test the claims of those who challenge the established mode of EU constitutional politics.
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ISBN-13: 9780198845218
ISBN-10: 0198845219
Pagini: 272
Dimensiuni: 164 x 240 x 21 mm
Greutate: 0.6 kg
Editura: Oxford University Press
Colecția OUP Oxford
Seria Oxford Constitutional Theory

Locul publicării: Oxford, United Kingdom


In the context of a significant period of crisis and transformations, Patberg's rich and illuminating book touches upon a crucial aspect of European constitutionalism, rarely explored from a political theory perspective. If change is necessary, how should it take place to be legitimate? Which actors are entitled to promote it? These questions ought to be taken into account by lawyers and the need to have a conversation across disciplines is nowadays more pressingthan ever.
Patberg's brilliant book shows how the concept of constituent power is as relevant today as at the birth of the modern age. Taking it out of the national setting, he demonstrates how this seemingly abstract idea has real-world purchase in the age of transnational integration and disintegration, all the while pointing us in a progressive direction. The result is a fascinating new political theory of the European Union
In combining thorough philosophical analysis with a close understanding of European politics, Constituent Power in the European Union succeeds where many others fail. Markus Patberg offers a deeply grounded, philosophical reading of the European Union as relying on a mixed constituent power that helps to make sense of many of its characteristics that often seem inexplicable. At the same time, the book offers a precise and compelling critique of thedemocratic shortcomings of the EU and issues in concrete recommendations for reform.
Constituent Power in the European Union breathes new life into the debates about the constitutionalization of the EU and offers a bold reform agenda to turn the EU's democratic deficit around. Drawing on a Habermasian inspired rational reconstruction of the institutional development of the EU, Patberg lays out how citizens acting as a constituent power are properly entitled to decide on the structure and reach of the EU. With the powerful metaphor of"citizens all the way down," Patberg constructs a persuasive defense of the idea of a pouvoir constituant mixte that pushes past empty normative ideals and offers concrete institutional and organizational proposals for citizens to exercise constituent power in the EU.
For those of us who believe that the EU will lose its soul if it continues to be shielded from democratic contestation, it matters to ask how its citizens should shape what it does. In his masterful study, Markus Patberg offers a theoretically ground-breaking answer to this crucial question bringing together social facts and norms, stories and concepts, law and politics, to design a new model of pouvoir constituant mixte whereby European and nationalcitizenship form the dual basis for the EU's democratic renewal.
Markus Patberg develops and defends the idea of constituent power as a response to the frequent complaint that the EU lacks adequate popular authorisation and accountability. In so doing, he goes beyond the conventional debate about the EU's alleged democratic deficit to address the more fundamental question of the democratic legitimacy of how the EU is constituted. The result is an important and thought-provoking contribution to the literature.

Notă biografică

Dr Markus Patberg is a research fellow in political theory at the University of Hamburg (UHH) where he is part of the DFG-funded project "Reclaiming Constituent Power? Emerging Counter-Narratives of EU Constitutionalisation". His research interests lie in the field of international political theory, with a particular focus on question of democracy and constitutionalism in the European Union. Prior to joining UHH, he was a research fellow at TU Darmstadt. Hehas held visiting positions at University College London and the London School of Economics and Political Science.