20. Deconstruction

Khurana, Thomas

doi:10.7312/brun16642-022

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“…23 According to Habermas, popular sovereignty no longer 'circulated in a collectivity, or in the physically tangible presence of the united citizens or their assembled representatives'; it would, henceforth, take effect only 'in the circulation of reasonably structured deliberations or decisions', leading to the 'harmless' conclusion that there could no longer be a sovereign in the constitutional state. 24 By incorporating principles of deliberative democracy into the discourse of political justification and constitutional design, Between Facts and Norms legitimized the transcendence of constituent power, popular sovereignty, and concrete forms of mass democracy.…”

Section: S119mentioning

confidence: 99%

Political constitutionalism in Europe revisited

Wilkinson

2023

Journal of Law and Society

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This article traces the disconnect in the constitutional study of the European Union from the Maastricht era to the euro crisis. In the Maastricht era, a discourse of ‘post‐sovereignty’ came to dominate theoretical enquiry, reflecting but also distorting a number of material developments: the ‘end of history’, the retreat of critical theory into discourse analysis and systems theory, and the prioritization of law over politics. Jürgen Habermas was a key intellectual figure in driving this ideological mix at the very moment when anti‐systemic challenges began to return, both formally and informally, as exemplified in the German Constitutional Court and the French political scene. In revisiting the idea of political constitutionalism, we can foreground this constitutional disconnect and show how it contributes to the irresolution of the subsequent euro crisis conjuncture.

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Section: S119mentioning

confidence: 99%

Political constitutionalism in Europe revisited

Wilkinson

2023

Journal of Law and Society

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show abstract

20. Deconstruction

Cited by 1 publication

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Political constitutionalism in Europe revisited

Political constitutionalism in Europe revisited

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