دانلود کتاب Critical Reflections on Constitutional Democracy in the European Union

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Foreword by Allan Rosas
Table of Contents
Notes on Contributors
1. Critical Reflections on Constitutional Democracy in the European Union and its Member States
Constitutionalism and Democracy
Constitutional Democracy and the European Union
The Future of Constitutional Democracy in the EU: Proposals for Reform
Conclusion
PART I: CRITICAL REFLECTIONS ON THE CURRENT STATE OF CONSTITUTIONAL DEMOCRACY IN THE EU AND BEYOND
Section 1: Autocracy, Populism and Brexit
2. The Rise of Populism and the Malaise of Democracy
On the Terms \'Populism\' and \'Constitutional Democracy\'
Establishment and Consolidation of Constitutional Democracies in Continental Europe
How the Crisis of Political Representation is Leading to the Question of Why We should be Represented
The Ambivalent Role of National Governments in the EU Institutional System
The Referendum in a Constitutional Democracy
Why National Referendums on EU Issues Concurred in Structuring the Populist Version of \'the People\'
What Kind of \'People\' are thus Created?
Populism as \'Democratic Illiberalism\': A Critique
Is there a Populist Constitutional Theory?
Reactions to the Populist Challenge
In a World of Fictions?
3. The \'Democratic Deficits\' of the US and the EU Compared
Introduction
Democracy, Democratic Deficits and Hybrid Regimes
Democratic Deficits at the Federal Level
Democratic Deficits at the State Level
Conclusion
4. Constitutional Overload in a Constitutional Democracy: The UK and the Brexit Process
Introduction
The Challenges of Brexit
Constitutional Overload and Constitutional Democracy
Conclusion
Section 2: Constitutionalism in the EU
5. EU Fundamental Rights Legislation: The Constitutional Imbroglio
Introduction
A New Mode of Fundamental Rights Law-Making at Supranational Level
Debating Systems of Fundamental Rights Protection within a Single Legal Order: Inter-Institutional Tensions
Tensions between Domestic and EU Legal Orders in the Process of Europeanisation of the Fundamental Rights Discourse
Epilogue
6. The Value of Constitutionalism in the European Union
Constitutionalism and Democracy in the European Union
Constitution and Governance in the European Union
Governance and Democracy at the European Level
Democracy and European Governance
European Government and Change of Power
Consequences
Section 3: Constitutional Democracy
in the Eurozone
7. Is There a Deficit of Throughput Legitimacy in the EU?
Introduction
Conceptualising Legitimacy in Terms of Output, Input and Throughput
Assessing the EU\'s Deficits in Throughput Legitimacy
Challenges to EU Institutional Actors\' Throughput Legitimacy in the Eurozone Crisis
Conclusion
8. Accountability Through Self-Governance in EU Economic Governance
Introduction
Problems of Accountability in Existing Economic Governance Mechanisms
Reconceptualising Accountability Through Self-Governance
The Normative Underpinning: The Argument for Self-Governance
Conclusion: Applying the Model to Current Mechanisms of Economic Governance
9. \'Where the Law Runs Out\':1 The Overburdening of Law and Constitutional Adjudication by the Financial Crisis and Europe\'s New Modes of Economic Governance
Introduction
PART II: AN INSTITUTIONAL PERSPECTIVE ON EU CONSTITUTIONAL DEMOCRACY
10. The Double Legitimacy and Multiple Accountability of the European Commission: Some Reflections on its Constitutional Democratic Role
A Powerful Institution With Numerous Tasks of a Diverse Nature
Essentially an Administration at its Inception
Double Legitimacy Stemming from EU Citizens (Via the European Parliament) and Member States (Via the European Council and the Council)
Multiple Accountability Through a Series of Checks and Balances
Internal Checks and Balances
Conclusions
11. The Accidental Democracy: A European Model
A Personal Introduction to Democratic Deficit
The Representative and Parliamentary System: Large Majorities and Consensus
Legitimacy Through Knowledge and Impartiality
Elements of Constitutionalism
A Complex and Evolving Institutional Structure
Democratic Software: Other Governance Tools
The Nation State as Role Model?
12. Democratic Participation and Transparency of the EU Council
Introduction
Democracy, Accountability, Transparency, Participation
The Council of the EU: A Black Box?
Mounting Pressure
Conclusion
13. The Role of the Court of Justice in the Legitimation of the EU\'s Action: The Transparency Principle Example
Introduction
The Court\'s Push for Transparency before it was Cool
Transparency Today and the Rule of Law
Judicial Transparency at the EU Level
Conclusion
14. Transparency and Accountability of EU Decentralised Agencies and Agencification in Light of the Common Approach on EU Decentralised Agencies
Introduction
The Notions of Transparency and Accountability
Good Governance and the Rationale Pushing EU Agencification
Good Governance in the Common Approach on Decentralised Agencies
Conclusion
15. From Deparliamentarisation to a Parliamentary Renaissance? National Parliaments in the EU Polity
Introduction
De-Parliamentarisation within the EU
National Parliaments, Legitimacy and the Democratic Deficit
De-Parliamentarisation Reborn? National Parliaments and Budgetary and Economic Coordination
Supranational Trade Policy and Parliamentary Legitimacy
Concluding Remarks
16. Disruptive Democracy: Keeping EU Citizens in a Box
What Place for Citizens in the EU Constitutional Democracy?
The CJEU\'s New Constitutional Doctrine on Democracy as Openness
European Citizens\' Initiative
EU Machinery Versus Citizen Involvement
PART III: EU CONSTITUTIONAL DEMOCRACY:PISTES DE REFLECTION FOR THE FUTU
17. Beyond Rhetoric: Education for Democratic Citizenship in the European Union
Introduction
Normative Instruments Concerning Citizenship Education
Beyond Rhetoric: Critical Reflections
Conclusion and Suggestions
18. Strengthening Democracy in Europe and its Resilience Against Autocracy: Daring More Democracy and a European Democracy Charter
Introduction: The Crisis of Representative Democracy
Time to Refocus on Democracy in Europe
Evolution of Democracy in the EU
Current Challenges to Democracy in Europe
Sources of Inspiration and Possible Content of a European Democracy Charter
Conclusions and Outlook: Daring More Democracy in Europe and an EU Democracy Charter
19. The Principle of Legality and the EU\'s Legitimacy as a Constitutional Democracy: A Research Agenda
Introduction: The Principle of Legality in Constitutional Democracy
The Principle of Legality Operationalised
The Principle of Legality in the EU
Concluding Reflections
Index