Acceso usuarios
George Duke
This article argues that attempts to construct a mixed constituent power fit for the purpose of grounding the legitimacy of the EU constitutional order are not only descriptively implausible, but also fail at the level of reconstructive normative justification. The source of this justificatory inadequacy is the notion of constituent power itself, which lacks the normative content to serve as the foundation for an account of constitutional legitimacy. Following a discussion of the motivations for the application of the concept of constituent power to Europe, the article argues that the concept is of little assistance for those seeking a normative justification for the Lisbon Treaty's constitutional status.
