Expanding the Constitution Beyond the Court: The Case of Euro-Constitutionalism

21 Pages Posted: 19 Mar 2003  

Oliver H. Gerstenberg

University of Exeter; Program in Law and Public Affairs, Princeton University; University College London - Faculty of Laws

Abstract

The paper addresses the role of the Court of Justice in the European integration process, as well as, more broadly, tensions between constitutionalism and new governance. I propose an account, according to which the judiciary should not be seen as standing in an aloof place in the political order, and as opposed to a-pluralistic, irrational, and anarchical-society, but rather as part of a continuum on which other governance arrangements are also placed according to their share in 'tribunality' - the deliberativeness of their decision-making processes and their openness to new facts.

Suggested Citation

Gerstenberg, Oliver H., Expanding the Constitution Beyond the Court: The Case of Euro-Constitutionalism. European Law Journal, Vol. 8, No. 1, pp. 172-192, 2002. Available at SSRN: https://ssrn.com/abstract=312496

Oliver H. Gerstenberg (Contact Author)

University of Exeter ( email )

Exeter, EX4 4RJ
United Kingdom

Program in Law and Public Affairs, Princeton University

Wallace Hall
Princeton, NJ 08544
United States

University College London - Faculty of Laws

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

Paper statistics

Downloads
22
Abstract Views
1,031