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The Constitution of European Democracy$
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Dieter Grimm

Print publication date: 2017

Print ISBN-13: 9780198805120

Published to Oxford Scholarship Online: August 2017

DOI: 10.1093/oso/9780198805120.001.0001

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The Democratic Costs of Constitutionalization— The European Case

The Democratic Costs of Constitutionalization— The European Case

Chapter:
(p.81) 5 The Democratic Costs of Constitutionalization— The European Case
Source:
The Constitution of European Democracy
Author(s):

Dieter Grimm

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198805120.003.0005

This chapter examines the democratic costs of constitutionalization by focusing on the European case. It first considers the interdependence of democracy and constitutionalism before discussing how constitutionalization can put democracy at risk. It then explores the tension between democracy and fundamental rights, the constitutionalization of the European treaties, and the European Court of Justice’s (ECJ) two separate judgments regarding the relationship between European law and national law. It also assesses the impact of the ECJ’s jurisprudence on democracy, especially in the area of economic integration. The chapter argues that the legitimacy problem the EU faces is caused in part by over-constitutionalization and that the remedy to this problem is re-politicization of decisions with significant political implications.

Keywords:   constitutionalization, European law, democracy, constitutionalism, fundamental rights, European treaties, European Court of Justice, economic integration, over-constitutionalization, re-politicization

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