THE END OF JUDICIAL CONSTITUTIONALISATIONReport as inadecuate




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Croatian yearbook of European law & policy, Vol.3. No.3. November 2007. -

Summary: Conventional academic discourse, within both law and political science tells

the story of how the European Court of Justice, though its judgments and judicial

practices has ‘constitutionalised’ the EC Treaty, reformatting an intergovernmental

bargain into a federal legal order. Many accounts have presented the Court as the heroic

champion of integration, pushing the integrationist agenda forward when political

channels are blocked, and integration through political and legislative means stalled.

This article considers whether, in the period following the rejection of the formal

constitutionalisation project, it is appropriate to look to the Court to step in and continue

the drive towards further, deeper integration, and to further develop and entrench its

own constitutional role. It is argued that such a view should not be too readily accepted,

as it could be seen as affording too great a respect for the rhetoric of judicial

constitutionalisation, which is presented as both fallacious and unhelpful, and as

affording insufficient recognition of the realities of the Court’s role as a legal

institutional actor operating within a complex context in which it has limited autonomy.

The paper reviews existing academic assessments of the constitutionalising role of the

Court, before considering the significance of the recently proposed Treaty changes to the

role and position of the Court, which leads to a consideration of the limited prospects for

continued judicial ‘constitutionalisation’ in the future.



Author: Jo Hunt -

Source: http://hrcak.srce.hr/



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