The ‘Mixed’ Constituent Legitimacy of the European Federation

Abstract

Abstract Constitutional lawyers and political scientists have described the European Union as a federation of states (fédération, Bund). They deny that federations generate a new union‐wide constituent authority besides the pouvoirs constituants of the member states. Habermas argues that federative constituent power lies with individuals in their dual roles as citizens of the several states and as citizens of the Union. I argue that from the perspective of democratic theory, this view is methodologically superior to other ‘dualist’ views of federative constituent power (J. Cohen), but go on to criticize it in two respects. It gives insufficient justification for the persistence of domestic pouvoirs constituants, and it reifies their defensive function.

Cite this work

No public copy is stored for this record, so only the metadata is cited.

Stored only when both papers are in the corpus — 63 citations exist upstream.

Papers that cite the same references — the relational fallback while embeddings are still backfilling.