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

Constellations: An International Journal of Critical and Democratic Theory, Vol. 11, No. 3, pp. 412-433, 2004

22 Pages Posted: 21 Jan 2010  

Richard Bellamy

University College London - Department of Political Science; European University Institute

Justus Schönlau

University of Exeter

Date Written: January 11, 2010

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.

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

Suggested Citation

Bellamy, Richard and Schönlau, Justus, The Normality of Constitutional Politics: An Analysis of the Drafting of the EU Charter of Fundamental Rights (January 11, 2010). Constellations: An International Journal of Critical and Democratic Theory, Vol. 11, No. 3, pp. 412-433, 2004 . Available at SSRN: https://ssrn.com/abstract=1534543

Richard Bellamy (Contact Author)

University College London - Department of Political Science ( email )

Gower Street
London
United Kingdom
020 7679 4980 (Phone)
020 7679 4969 (Fax)

HOME PAGE: http://www.ucl.ac.uk/political-science/people/academic/richard-bellamy

European University Institute ( email )

Via dei Roccettini, 9
San Domenico di Fiesole (FI), Tuscany 50014
Italy

HOME PAGE: http://www.eui.eu/ProgrammesAndFellowships/MaxWeberProgramme/People/RichardBellamywebpage.aspx

Justus Schönlau

University of Exeter ( email )

Northcote House
The Queen's Drive
Exeter EX4 4QX, Devon
United Kingdom

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