The European Union in search of a democratic and constitutional theory

Book abstract:

This book examines the current status of the European Union (EU) in terms of questions of democracy and the constitution. While not disputing the EU's success in welcoming certain key concepts and practices like social contract theory, the 'federal ideal' and democracy, the writer argues that the EU must account for the increase in multiculturalism and globalisation, which in turn have a significant bearing on problems of sovereignty and self-governance. In light of these problems, the book seeks, as it outlines in the introduction, to redefine what is meant by democracy and constitutionalism in the context of modern Europe, especially as, the writer maintains, there is not yet a sufficient vocabulary to meet this demand.

Divided into five parts, the book works through numerous points and issues. Part one deals with democratic and constitutional theory, in terms of basic notions like democratic legitimacy, constitutionalism and the rule of law, as well as contemporary challenges to democratic and constitutional theory, including problems of the social contract, sovereignty, and the question of self-governance. Part two considers democratic and constitutional deficit, and deconstructs the received idea of European constitutionalism, while part three looks at defining and revising, or rather re-conceptualising the current EU constitution. In part four, there are discussions on coping with unity in diversity and territorial variability throughout the EU, and part five explores European and member state law, in particular the role of autonomous systems and the protection of fundamental rights. This last part also contains the writer's general conclusions.

The book is intended for lawyers, policymakers and scholars.