Is EU Supranational Governance a Challenge to Liberal Constitutionalism?

22 Pages Posted: 26 Jan 2018 Last revised: 26 Feb 2018

See all articles by Grainne De Burca

Grainne De Burca

New York University (NYU) - Law School; University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Date Written: January 19, 2018

Abstract

Does supranational governance present a challenge to liberal constitutionalism? More particularly, has the EU’s supranational form of governance fueled the rise of illiberal authoritarianism and undermined liberal constitutionalism? The paper begins by addressing two related empirical questions associated with this larger query: first, whether the Brexit vote reflected a rise in authoritarianism and a turn against liberal constitutionalism; and second whether the Euroscepticism to which the process of European integration has given rise has also contributed to the growth of the illiberal far-right across the EU and to the weakening of support for liberal constitutionalism. The third part addresses a broader and more conceptual question about the relationship between supranational governance and liberal constitutionalism, namely whether there is something either inherent or contingent in the structure and process of European integration and in the project of European supranational governance, which creates a challenge to liberal constitutionalism, and if so what kind of challenge.

Suggested Citation

De Burca, Grainne, Is EU Supranational Governance a Challenge to Liberal Constitutionalism? (January 19, 2018). University of Chicago Law Review, Forthcoming; NYU School of Law, Public Law Research Paper No. 18-09. Available at SSRN: https://ssrn.com/abstract=3105238 or http://dx.doi.org/10.2139/ssrn.3105238

Grainne De Burca (Contact Author)

New York University (NYU) - Law School ( email )

Bobst Library, E-resource Acquisitions
20 Cooper Square 3rd Floor
New York, NY 10003-711
United States

University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Boalt Hall
Berkeley, CA 94720-7200
United States

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