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http://dspace.mediu.edu.my:8181/xmlui/handle/123456789/5525| Title: | States Without a Market? Comments on the German Constitutional Court's Maastricht-Judgement and a Plea for Interdisciplinary Discourses |
| Keywords: | German Constitutional Court supranationalism regulatory politics social regulation polity building governance institutionalisation institutions legitimacy political science law |
| Issue Date: | 30-May-2013 |
| Publisher: | ECSA-Austria |
| Description: | As the title of this lecture indicates, it builds upon the author s previous ananlysis of the European Communities market building efforts (C. Joerges, The Market Without the State? The "Economic Constitution" of the European Community and the Rebirth of Regulatory Politics , European Integration online Papers , Vol. 1, No. 19 ( http://eiop.or.at/eiop/texte/1997-019a.htm ). The analytical approach chosen includes a "comparative analysis" of legal and political science theories of European integration. It is a asserted, that the schisms between legal and political sciences inhibit an adequate understanding of the European Polity. Lawyers risk to overlook important institutional innovations; political scientists are urged to address the "constitutionalist" dimension of the European law. The theoretical argument is then substantiated by an analysis of the German Constitutional Court s decision on the Maastricht Treaty. Without even mentioning the normative visions of Germany s neo-liberal tradition, the Constitutional Court has, while pretending to defend the nation state, in fact endorsed the idea of a purely economic constitution of the European Community. The paper argues that the Europeanization process is de facto and de jure depending upon a constitutional vision which is to overcome the separation between "political" nation states and an "unpolitical" European governance structure. |
| URI: | http://koha.mediu.edu.my:8181/jspui/handle/123456789/5525 |
| Other Identifiers: | http://eiop.or.at/eiop/texte/1997-020.htm http://www.doaj.org/doaj?func=openurl&genre=article&issn=10275193&date=1997&volume=1&issue=&spage=20 |
| Appears in Collections: | Law and Political Science |
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