dc.creator |
Christian Joerges |
|
dc.date |
1997 |
|
dc.date.accessioned |
2013-05-30T12:58:48Z |
|
dc.date.available |
2013-05-30T12:58:48Z |
|
dc.date.issued |
2013-05-30 |
|
dc.identifier |
http://eiop.or.at/eiop/texte/1997-020.htm |
|
dc.identifier |
http://www.doaj.org/doaj?func=openurl&genre=article&issn=10275193&date=1997&volume=1&issue=&spage=20 |
|
dc.identifier.uri |
http://koha.mediu.edu.my:8181/jspui/handle/123456789/5525 |
|
dc.description |
As the title of this lecture indicates, it builds upon the author s previous ananlysis of the European Communities market building efforts (C. Joerges, The Market Without the State? The "Economic Constitution" of the European Community and the Rebirth of Regulatory Politics , European Integration online Papers , Vol. 1, No. 19 ( http://eiop.or.at/eiop/texte/1997-019a.htm ). The analytical approach chosen includes a "comparative analysis" of legal and political science theories of European integration. It is a asserted, that the schisms between legal and political sciences inhibit an adequate understanding of the European Polity. Lawyers risk to overlook important institutional innovations; political scientists are urged to address the "constitutionalist" dimension of the European law. The theoretical argument is then substantiated by an analysis of the German Constitutional Court s decision on the Maastricht Treaty. Without even mentioning the normative visions of Germany s neo-liberal tradition, the Constitutional Court has, while pretending to defend the nation state, in fact endorsed the idea of a purely economic constitution of the European Community. The paper argues that the Europeanization process is de facto and de jure depending upon a constitutional vision which is to overcome the separation between "political" nation states and an "unpolitical" European governance structure. |
|
dc.publisher |
ECSA-Austria |
|
dc.source |
European Integration Online Papers |
|
dc.subject |
German Constitutional Court |
|
dc.subject |
supranationalism |
|
dc.subject |
regulatory politics |
|
dc.subject |
social regulation |
|
dc.subject |
polity building |
|
dc.subject |
governance |
|
dc.subject |
institutionalisation |
|
dc.subject |
institutions |
|
dc.subject |
legitimacy |
|
dc.subject |
political science |
|
dc.subject |
law |
|
dc.title |
States Without a Market? Comments on the German Constitutional Court's Maastricht-Judgement and a Plea for Interdisciplinary Discourses |
|