Hostname: page-component-84b7d79bbc-dwq4g Total loading time: 0 Render date: 2024-07-25T07:58:07.108Z Has data issue: false hasContentIssue false

On the Lissabon-Urteil: Democracy and a Democratic Paradox

Published online by Cambridge University Press:  18 January 2010

JHR  and
Rights & Permissions [Opens in a new window]

Extract

Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

The Bundesverfassungsgericht was castigated for the Maastricht-Urteil by most European lawyers, especially the Germans among them. But that judgment has placed its stamp on much of the constitutional development of the Union and has allowed theories of constitutional pluralism, polycentrism, multilevel constitutionalism, Verfassungsverbund and the constitution composée to flourish. The German constitutional court is likewise being castigated for its Lissabon-Urteil. Certainly, it has put the questions of democracy, the level at which democracy is to be aggregated and articulated, and the pertaining institutional arrangements in the member states and in the Union higher on the agenda of intellectual and political engagement than they have been over the last decades. Perhaps it will be just as fruitful for European constitutional theory as the Maastricht-Urteil was.

Type
Editorial
Copyright
Copyright © T.M.C. Asser Press and the Authors 2009