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The EU Constitution Viewed in the Light of Fundamental Constitutional Theories

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Chapter Summary

This chapter concerns some fundamental constitutional theories applied to the constitutional law of the European Union. It looks closer at two important theories that can be identified in the constitution of the European Union. They are the theories of popular sovereignty and constitutionalism respectively. These theories have been chosen for two reasons: Firstly they make up the core elements of what one might call the Western theory of political society in general. Secondly they reveal rather interesting differences when one applies them to the European Union. The chapter presents a brief introduction of the problem. The position of the European Court of Justice (ECJ) may arguably be further strengthened given the weak, i.e. mainly indirect, democratic legitimacy of the political institutions in the European Union.

Keywords: constitutionalism; democratic legitimacy; European court of justice (ECJ); European Union constitution; fundamental constitutional theories; political obligation; popular sovereignty



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