21 Pages Posted: 19 Mar 2003
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: 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
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