European Constitutional Imaginaries: Between Ideology and Utopia
European Constitutional Imaginaries: Between Ideology and Utopia
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Abstract
What does it mean to say that the European Union has a constitution—theoretically, but more importantly, practically? What sort of possibilities such assertion opens for various actors—politicians, legal professionals, or the general public? And what is the role of constitutional thinkers in establishing constitutional discourse as the dominant way in which European law is (or was) conceived after 1989? This volume seeks to answer such questions, with a special emphasis on the last one. ‘European Constitutional Imaginaries’ are the central focus of the book. These are sets of ideas and beliefs that help to motivate and at the same time justify the practice of government and collective self-rule established by the constitution (written or unwritten). Such imaginaries are as important as institutions and office-holders. They provide political action with an overarching sense and purpose recognized by those governed as legitimate. The book brings together reflections by lawyers, philosophers, sociologists, or political economists, who shed light on various constitutional imaginaries of Europe. They provide critical intellectual histories of particular legal approaches to European integration, and look behind the language of law to reach deeper insights into the contested history and political economy of Europe. They ask us to think about European law differently.
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Front Matter
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1
European Constitutional Imaginaries: Utopias, Ideologies, and the Other
Jan Komárek
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Part I Constitutional Imaginaries of the Past, Present, and Future of Europe
Jan Komárek-
2
European Constitutional Imaginaries: On Pluralism, Calculemus, Imperium, and Communitas
Jiří Přibáň
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3
European Constitutional Imagination: A Whig Interpretation of the Process of European Integration?
Marco Dani andAgustín José Menéndez
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4
The European Union as ‘Militant Democracy’?
Signe Rehling Larsen
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5
Ideologies and Imaginaries of Legitimacy from the 1950s to Today: Trajectories of EU-Official Discourses Read against Rosanvallon’s Democratic Legitimacy
Claudia Schrag Sternberg
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2
European Constitutional Imaginaries: On Pluralism, Calculemus, Imperium, and Communitas
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Part II At the Origins of Constitutional Imaginary—The Work of Selected European Constitutionalists Revisited
Jan Komárek-
6
Why Read The Transformation of Europe Today? On the Limits of a Liberal Constitutional Imaginary
Jan Komárek
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7
Messianism, Exodus, and the Empty Signifier of European Integration
Alexander Somek andJakob Rendl
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8
From Constitutional Pyramid to Constitutional Pluralism: The Transformation of the European Constitutional Imaginary
Hugo Canihac
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9
The Imaginary and the Unconscious: Situating Constitutional Pluralism
Amnon Lev
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6
Why Read The Transformation of Europe Today? On the Limits of a Liberal Constitutional Imaginary
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Part III Rethinking Constitutional Imaginaries for the Present
Jan Komárek-
10
The Constitutional Imaginary and the Metabolic Realities of European Integration
Peter L Lindseth
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11
The European Public Good and European Public Goods
Neil Walker
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12
The Peoples Imagined: Constituting a Demoicratic European Polity
Kalypso Nicolaïdis
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13
Constitutional Patriotism as Europe’s Public Philosophy? On the Responsiveness of Post-National Law
Paul Linden-Retek
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10
The Constitutional Imaginary and the Metabolic Realities of European Integration
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Part IV Without Political Economy, There Can Be No Constitutional Imaginary
Jan Komárek-
14
On the New German Ideology
Michael A Wilkinson
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15
Beyond Neoliberal Federalism? The Ideological Shade of the Eurozone’s Constitutional Order after the Eurozone Crisis
Hjalte Lokdam
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16
The Failure to Grapple with Racial Capitalism in European Constitutionalism
Jeffrey Miller andFernanda G Nicola
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17
Constitutionalism and Powerlessness
Damjan Kukovec
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18
Imaginaries of Prosperity as Constitutional Imaginaries
Marija Bartl
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19
Conclusion: Making ‘the Other’ Explicit
Jan Komárek
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14
On the New German Ideology
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End Matter
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