Reconfiguring the Politics-Law Relationship in the Integration Project through Conflicts-Law Constitutionalism.

Autor: Everson, Michelle, Joerges, Christian
Předmět:
Zdroj: RECON Online Working Paper Series; 2011, Issue 31, preceding p1-23, 27p
Abstrakt: This paper argues that the relationship between law and politics must be reconfigured within the European Union. Dissecting recent crises in Europe with reference to the three 'fictitious' commodities of Karl Polanyi, we find that law in Europe has contributed to delegalisation, desocialisation and disenfranchisement. Reviewing potential for law to respond to crisis through new paradigms of conflict resolution as suggested by Ralf Dahrendorf, we find that the steering capacity of law is limited where it fails to establish a relationship with politics. Our conclusions are modest: conflictlaw constitutionalism cannot solve Europe's crises. However, it does represent a new procedural paradigm of law within which relations between European law and European politics might be reestablished - a vital step to overcoming crisis. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index