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Begging the Constitutional Question
Author(s) -
Eleftheriadis Pavlos
Publication year - 1998
Publication title -
jcms: journal of common market studies
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.54
H-Index - 90
eISSN - 1468-5965
pISSN - 0021-9886
DOI - 10.1111/1468-5965.00109
Subject(s) - constitutional court , presupposition , law , doctrine , german , economic justice , political science , legal doctrine , begging , order (exchange) , constitutional law , sociology , constitution , philosophy , epistemology , business , linguistics , finance
The doctrine of the supremacy of Community law, as has been put forward by the European Court of Justice, is not a technical legal question but touches on the most fundamental theoretical presuppositions of the legal order. As a result, the architecture of the Community legal system invites the broadest reconsideration of the concept of a positive legal order. Both the European Court of Justice and the German Constitutional Court have refused to acknowledge the nature of this problem and, by simply asserting what had to be established, have just begged the constitutional question.