Process, Responsibility and Inclusion in EU Constitutionalism: The Challenge for the Convention on the Future of Europe

The Federal Trust Constitutional Online Paper Series

29 Pages Posted: 11 Mar 2004

See all articles by Jo Shaw

Jo Shaw

University of Edinburgh

Date Written: September 2002

Abstract

In this paper I have suggested that the postnational positioning of the EU with key procedural, dialogic and relational aspects of the EU polity formation process can help to understand the emerging constitutional edifice. EU constitutionalist thinking seems to be poised between normative questions about polities, citizens, state and questions about nature and process of the EU integration. The challenge of developing postnational constitutionalism in a non-state polity with the so-called no demos problem calls for inclusive and responsible constitutional process. The paper evaluates the Convention's task to overcome the democratic and legitimacy gaps in terms of autonomy, responsiveness, internal dynamics, deliberation, receptivness and decision-making.

Keywords: Postnational constitutionalism, convention, democracy

Suggested Citation

Shaw, Jo, Process, Responsibility and Inclusion in EU Constitutionalism: The Challenge for the Convention on the Future of Europe (September 2002). The Federal Trust Constitutional Online Paper Series, Available at SSRN: https://ssrn.com/abstract=515802 or http://dx.doi.org/10.2139/ssrn.515802

Jo Shaw (Contact Author)

University of Edinburgh ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

HOME PAGE: http://www.law.ed.ac.uk/staff/joshaw/

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