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Expanding the Constitution Beyond the Court: The Case of Euro-Constitutionalism.

Authors :
Gerstenberg, Oliver
Source :
European Law Journal; Mar2002, Vol. 8 Issue 1, p172, 21p
Publication Year :
2002

Abstract

The paper addresses the role of the Court of Justice in the European integration process, as well as, more broadly, tensions between constitutionalism and new governance. I propose an account, according to which the judiciary should not be seen as standing in an aloof place in the political order, and as opposed to a—pluralistic, irrational, and anarchical—society, but rather as part of a continuum on which other governance arrangements are also placed according to their share in ‘tribunality’—the deliberativeness of their decision-making processes and their openness to new facts. [ABSTRACT FROM AUTHOR]

Subjects

Subjects :
COURTS
CONSTITUTIONAL law

Details

Language :
English
ISSN :
13515993
Volume :
8
Issue :
1
Database :
Complementary Index
Journal :
European Law Journal
Publication Type :
Academic Journal
Accession number :
6511615
Full Text :
https://doi.org/10.1111/1468-0386.00147