Self-Constitution of European Society: Beyond EU politics, law and governance

Self-Constitution of European Society- Front Cover
Self-Constitution of European Society
Title Page
Copyright Page
Contents
Notes on contributors
Acknowledgements
Introduction: on Europe’s crises and self-constitutions
	Bibliography
PART I: The European self-constitution: concepts and theories
Chapter 1: The European Constitution and the pouvoir constituant: no longer, or never, sui generis?
	Introduction
	Beyond constituent power
	Is this constitution sui generis?
	Conclusion
	Bibliography
Chapter 2: The concept of self-limiting polity in EU constitutionalism: a systems theoretical outline
	Introduction
	Political or social theory of constitutionalism? On polity, society and governance by reason
	Theories of transnational governance
	Europe beyond statehood: the dilemma of technical governance and cosmopolitan ideals in the EU
	Constitutions beyond politics: the de-juridification and depoliticization of the EU in societal constitutionalism
	From self-constituted polities of society to the societal constitution of power
	European constitutional polity: assessment of theoretical responses
	Europe’s self-constitutionalization beyond the imagined polity of values
	Concluding remarks: on the sociological concept of European constitutionalism
	Bibliography
Chapter 3: A political–sociological analysis of constitutional pluralism in Europe
	Introduction
	Theories of EU constitutionalism
	Universal constitutionalism
	Democratic constitutionalism
	A political sociology of European constitutional politics
	Transnational civil society
	Concluding remarks
	Bibliography
PART II: European constitutional jurisprudence
Chapter 4: Pluralist constitutional paradoxes and cosmopolitan Europe
	Introduction: pluralist paradoxes
	Cultural, legal and constitutional pluralism in Europe
	Who is to be master? Challenges to supremacy and constitutional pluralism
	MacCormick’s theoretical framework for pluralism
	Hermeneutic pluralism and cosmopolitan Europe
	Bibliography
Chapter 5: The pluralist turn and its political discontents
	The pluralist turn in European Union (EU) and supranational studies
	The constitutional version of pluralism
	Towards radical pluralism
	Pluralism as fragmented constitutions
	What constitutional and legal pluralism do not register and why
	Bibliography
Chapter 6: Why supra-national law is not the exception: on the grounds of legal obligations beyond the state
	Associative obligations: site and scope
	Two methods of inquiry
	Associative obligations: the NCC
	The proto-legal relation
	Bibliography
Chapter 7: Declaratory rule of law: self-constitution through unenforceable promises
	Introduction
	Founding ideas and contemporary presumptions
	Assuming a particular type of constitutionalism
	Enforcing the values in the face of an ideological choice not to comply
	The broader danger of ideologically informed non-compliance
	On defining the scope: an argument for acknowledging EU law’s plasticity
	On reconsidering the values’ substance and enforcement effectiveness
	A glance into the future
	Bibliography
PART III: EU constitutionalism and governance
Chapter 8: Constitutionalising expertise in the EU: anchoring knowledge in democracy
	Introduction
	Expertise and (European) constitutionalism
	The debates on European agencies and IAs
	The debate on the OMC
	Conclusion: back to constitutionalism for a holistic approach to expertise?
	Bibliography
Chapter 9: Bringing politics into European integration: the unvoiced issues of market-making
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	Bibliography
Chapter 10: A technocratic tyranny of certainty: a preliminary sketch
	Shotgun politics
	In certain belief . . .
	A new scientific objectivity?
	A technocratic certainty
	The deliberative adjunct?
	Symbolic ideologies?
	Render unto the globalized market . . .
	Bibliography
PART IV: Crises of EU constitutionalism
Chapter 11: The European dual state: the double structural transformation of the public sphere and the need for repoliticization
	The democratic circle
	Constitutional facticity: the decoupling of the Eurozone from democratic legislation
	Constitutional evolution under economic hegemony
	Contradicting systems of power
	Constitutional technocracy
	Whatever it takes
	‘Go Right!’ Social inequality causes political inequality
	The structural transformation of the public sphere I: public law
	The structural transformation of the public sphere II: public opinion
	The contradictions of the public sphere
	The repoliticization of the public sphere?
	Bibliography
Chapter 12: Societal conditions of self-constitution: the experience of the European periphery
	Introduction
	Three approaches to transnational constitutionalism
	The force of the financial system and the experience of the loss of sovereignty
	On top of the economic and financial dynamics, the force of organizations
	Revisiting the organized/spontaneous divide
	The place of individuals in the sociology of constitutional processes
	Possibilities of self-constitution
	Bibliography
Chapter 13: The empire of principle
	Introduction
	The ideology of Europe
	Integration through law
	Europe as post-political arrangement
	Katechontic Europe
	Conclusion: ‘Whom do you believe, your eyes or my words?’
	Bibliography
Index