Varieties of economic constitutionalism and the alternative of conflicts-law constitutionalism: observations on the conceptual history of the law of the integration project
This article pursues re-constructive and explanatory objectives which are embedded in a theoretical and normative agenda. The introduction specifies its beginnings including biographical notes. The following conceptual history of the law of the integration project distinguishes three stages in which...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Cambridge University Press
2025-03-01
|
| Series: | European Law Open |
| Subjects: | |
| Online Access: | https://www.cambridge.org/core/product/identifier/S2752613525000013/type/journal_article |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1839636369874354176 |
|---|---|
| author | Christian Joerges |
| author_facet | Christian Joerges |
| author_sort | Christian Joerges |
| collection | DOAJ |
| description | This article pursues re-constructive and explanatory objectives which are embedded in a theoretical and normative agenda. The introduction specifies its beginnings including biographical notes. The following conceptual history of the law of the integration project distinguishes three stages in which three distinct varieties of economic constitutionalism have been pursued, which all remained defective when measured against the commitments to democracy, social justice, and the rule of law. These defects deepened in the managerial responses to the financial crisis of 2008. Throughout the article, a counter vision of conflicts-law constitutionalism is developed step by step. The final section of the article seeks a theoretical backing for this counter vision in Lisa Herzog’s theory of ‘democratic institutionalism’. The epilogue sketches out how the project will continue. |
| format | Article |
| id | doaj-art-c6d7deb42aae4b8298cae7b9effd0cb1 |
| institution | Matheson Library |
| issn | 2752-6135 |
| language | English |
| publishDate | 2025-03-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | European Law Open |
| spelling | doaj-art-c6d7deb42aae4b8298cae7b9effd0cb12025-07-08T01:55:25ZengCambridge University PressEuropean Law Open2752-61352025-03-01472610.1017/elo.2025.1Varieties of economic constitutionalism and the alternative of conflicts-law constitutionalism: observations on the conceptual history of the law of the integration projectChristian Joerges0Hertie School of Governance, Berlin, Germany Centre for European Law and Politics, Bremen University, Bremen, GermanyThis article pursues re-constructive and explanatory objectives which are embedded in a theoretical and normative agenda. The introduction specifies its beginnings including biographical notes. The following conceptual history of the law of the integration project distinguishes three stages in which three distinct varieties of economic constitutionalism have been pursued, which all remained defective when measured against the commitments to democracy, social justice, and the rule of law. These defects deepened in the managerial responses to the financial crisis of 2008. Throughout the article, a counter vision of conflicts-law constitutionalism is developed step by step. The final section of the article seeks a theoretical backing for this counter vision in Lisa Herzog’s theory of ‘democratic institutionalism’. The epilogue sketches out how the project will continue.https://www.cambridge.org/core/product/identifier/S2752613525000013/type/journal_articleeconomic constitutionalismtechnocratic governancedeliberative supranationalismconflicts-law constitutionalismdiagonal conflict constellations |
| spellingShingle | Christian Joerges Varieties of economic constitutionalism and the alternative of conflicts-law constitutionalism: observations on the conceptual history of the law of the integration project European Law Open economic constitutionalism technocratic governance deliberative supranationalism conflicts-law constitutionalism diagonal conflict constellations |
| title | Varieties of economic constitutionalism and the alternative of conflicts-law constitutionalism: observations on the conceptual history of the law of the integration project |
| title_full | Varieties of economic constitutionalism and the alternative of conflicts-law constitutionalism: observations on the conceptual history of the law of the integration project |
| title_fullStr | Varieties of economic constitutionalism and the alternative of conflicts-law constitutionalism: observations on the conceptual history of the law of the integration project |
| title_full_unstemmed | Varieties of economic constitutionalism and the alternative of conflicts-law constitutionalism: observations on the conceptual history of the law of the integration project |
| title_short | Varieties of economic constitutionalism and the alternative of conflicts-law constitutionalism: observations on the conceptual history of the law of the integration project |
| title_sort | varieties of economic constitutionalism and the alternative of conflicts law constitutionalism observations on the conceptual history of the law of the integration project |
| topic | economic constitutionalism technocratic governance deliberative supranationalism conflicts-law constitutionalism diagonal conflict constellations |
| url | https://www.cambridge.org/core/product/identifier/S2752613525000013/type/journal_article |
| work_keys_str_mv | AT christianjoerges varietiesofeconomicconstitutionalismandthealternativeofconflictslawconstitutionalismobservationsontheconceptualhistoryofthelawoftheintegrationproject |