The Normality of Constitutional Politics: an Analysis of the Drafting of the EU Charta of Fundamental Rights

Richard Bellamy and Justus Schoenlau

The Constitutionalism Web-Papers from University of Hamburg, Faculty for Economics and Social Sciences, Department of Social Sciences, Institute of Political Science

Abstract: Constitutional politics is often contrasted with normal politics as being more deliberative and so able to produce a principled consensus rather than a compromise. This article qualifies this view. The authors argue that the potential exists for reasonable disagreement even over such basic constitutional principles as rights. As a result, a constitution can only be agreed by employing the art of compromise typical of normal politics. Indeed, a prime role of constitutional politics lies in showing how conflicts can be normalised. The authors illustrate their argument via a detailed analysis of the various political compromises employed by the convention to draft the EU Charter of Fundamental Rights.

Keywords: constitution building; EU Charter of Fundamental Rights; fundamental/human rights (search for similar items in EconPapers)
Date: 2003-12-31
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