Reconfiguring the Politics – Law Relationship in the Integration Project Through Conflicts – Law Constitutionalism

23 Pages Posted: 9 Aug 2012

See all articles by Michelle Everson

Michelle Everson

University of London - Birkbeck College

Christian Joerges

University of Bremen - Faculty of Law; Hertie School of Governance

Date Written: September 2012

Abstract

This paper argues that the relationship between law and politics must be reconfigured within the European Union. Dissecting recent crises in economic, social and political organisation within Europe with reference to the three ‘fictitious’ commodities of Karl Polanyi, we find that law in Europe has contributed to de‐legalisation, de‐socialisation and disenfranchisement. Moving on to review the 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 nevertheless limited if it fails to establish a sustaining relationship with politics. Our conclusions are modest: conflict-law constitutionalism cannot solve Europe's many crises. However, it does represent a new paradigm of law within which relations between European law and European politics might be re‐established — a vital step to overcoming crisis.

Suggested Citation

Everson, Michelle and Joerges, Christian, Reconfiguring the Politics – Law Relationship in the Integration Project Through Conflicts – Law Constitutionalism (September 2012). European Law Journal, Vol. 18, Issue 5, pp. 644-666, 2012. Available at SSRN: https://ssrn.com/abstract=2126996 or http://dx.doi.org/10.1111/j.1468-0386.2012.00622.x

Michelle Everson (Contact Author)

University of London - Birkbeck College ( email )

Malet Street
London, WC1E 7HX
United Kingdom
+44 (0) 20 7631-6030 (Phone)
+44 (0) 20 7631-6506 (Fax)

Christian Joerges

University of Bremen - Faculty of Law ( email )

PO Box 330440
Bremen, 28334
Germany

Hertie School of Governance ( email )

Friedrichstraße 180
Berlin, 10117
Germany

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