Chapter

The Moral Point of Constitutional Pluralism<sup><i>1</i></sup>

Mattias Kumm

in Philosophical Foundations of European Union Law

Published in print October 2012 | ISBN: 9780199588770
Published online January 2013 | e-ISBN: 9780191741029 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588770.003.0009

Series: Philosophical Foundations of Law

The Moral Point of Constitutional Pluralism1

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This chapter offers a new interpretation of the well-known “pluralist” constitutional theory of the European Union. It first discusses the structure, implications, and shortcomings of two widely endorsed theoretical frameworks used by different courts at different times that are incompatible with constitutional pluralism properly so-called: Democratic Statism and Legal Monism. After analyzing the structure of these positions and their implications for conflict between legal orders, the chapter briefly describes the contours of a so-called Constitutionalism. Constitutionalism is the name of a conceptual framework that can help make sense of the idea of constitutional pluralism both analytically and normatively, while also being able to generate an account of the conditions under which hierarchical integration is preferable to pluralism.

Keywords: pluralism; constitutional theory; European Union; democratic statism; legal monism

Chapter.  16631 words. 

Subjects: EU Law

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