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Expanding the Constitution Beyond the Court: The Case of Euro‐Constitutionalism
Author(s) -
Gerstenberg Oliver
Publication year - 2002
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/1468-0386.00147
Subject(s) - constitutionalism , openness to experience , constitution , irrational number , corporate governance , economic justice , politics , political science , order (exchange) , law , law and economics , political economy , sociology , democracy , economics , management , social psychology , psychology , geometry , mathematics , finance
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.