Explaining the constitutionalization of the European Union

Abstract

Parliamentarization and the institutionalization of human rights are two processes of constitutionalization in the EU that constitute a puzzle for explanations inspired by both rationalist and constructivist institutionalism. We propose to analyse these processes as strategic action in a community environment: community actors use the liberal democratic identity, values and norms that constitute the EU's ethos strategically to put social and moral pressure on those community members that oppose the constitutionalization of the EU. Theoretically, this process will be most effective under conditions of high salience, legitimacy, and publicity.

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