Imperfectly Justified Structures of Justification

Jürgen Neyer

in The Justification of Europe

Published in print October 2012 | ISBN: 9780199641246
Published online January 2013 | e-ISBN: 9780191745591 | DOI:
Imperfectly Justified Structures of Justification

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Chapter 8 of the book moves beyond reconstructing the EU in the terms of the right to justification and addresses the question of whether the EU is true not only to the structure of justification but whether it also complies with the requirements of a justified structure of justification. Full compliance to the ambitious normative requirements of the right to justification commands that the structures of justification are themselves the product of justificatory practices. They must be subjected to contestation and critique, be questioned and challenged and be always only temporarily affirmed without closing the option of new contestation. A justified structure of justification must be responsive to the changing preferences and normative dispositions of its societal principals. This discussion sheds a critical light on EU practices of constitutional development and highlights some of its inherent strengths and continuing weaknesses. Special attention is given to the role of national parliaments in the EU polity.

Keywords: justified structure of justification; constitutional development; national parliaments

Chapter.  7952 words. 

Subjects: European Union

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