The Normality of Constitutional Politics: An Analysis of the Drafting of the EU Charter of Fundamental Rights

Abstract:     
Constitutional politics is often contrasted with normal politics as being more deliberative and so able to produce a principled consensus rather than a compromise.This article qualifies this view. The authors argue that the potential exists for reasonable disagreement even over such basic constitutional principles as rights. As a result,a constitution can only be agreed by employing the arts of compromise typical of normal politics. Indeed, a prime role of constitutional politics lies in showing how conflicts can be normalised. The authors illustrate their argument via a detailed analysis of the various political compromises employed by the convention to draft the EU Charter of Fundamental Rights.

Number of Pages in PDF File: 22

Keywords: constitution building, constitutional politics, normal politics, democracy; legitimacy, pluralism, EU Charter

Accepted Paper Series