The normality of constitutional politics: an analysis of the drafting of the EU Charter of Fundamental Rights

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Series Details No 6, 2003
Publication Date 2003
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Abstract

Constitutional politics is often contrasted with normal politics as being more deliberative and so able to produce a principled consensus rather than a compromise. This article qualifies this view. The authors argue that the potential exists for reasonable disagreement even over such basic constitutional principles as rights. As a result,a constitution can only be agreed by employing the arts of compromise typical of normal politics. Indeed, a prime role of constitutional politics lies in showing how conflicts can be normalised. The authors illustrate their argument via a detailed analysis of the various political compromises employed by the convention to draft the EU Charter of Fundamental Rights.

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