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Constitutional Pluralism in the EU$
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Klemen Jaklic

Print publication date: 2014

Print ISBN-13: 9780198703228

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780198703228.001.0001

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Substantive Pluralism

Substantive Pluralism

(p.69) 3 Substantive Pluralism
Constitutional Pluralism in the EU

Jaklic Klemen

Oxford University Press

Chapter 3 moves to the analytical presentation of Joseph Weiler’s version of constitutional pluralism. In stark contrast to epistemic pluralism, this version seeks to build a particular external substantive balance between the two confronting constitutional identities, the nation-state and the European one. The substantive balance is emphatically about the content (the what) of the constitutional discourse, but is such that it claims not to unduly emphasize one substantive identity over the other. This is what is meant by pluralism. In contrast to epistemic pluralism, this necessarily implies a great degree of commensurability between the authority and knowledge claims coming from the distinct constitutional orders in Europe. Explicating this approach, Weiler’s multiple different individual contributions are pulled together in a particular way so as to cohere his concrete conception of pluralism for the first time. The chapter ends by identifying a cluster of different ultimate values underpinning such an approach.

Keywords:   Joseph Weiler, substantive pluralism, European constitutional identity, national constitutional identity, substantive balance, nationalism, religion, substantive constitutional values, constitutional heterarchy, European constitution

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