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"Legitimacy through jurisprudence? The impact of the European Court of justice on the legitimacy of the European Union"

Jetzlsperger, Christian. (2003) "Legitimacy through jurisprudence? The impact of the European Court of justice on the legitimacy of the European Union". In: UNSPECIFIED, Nashville, TN. (Unpublished)

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    Some preliminary and rather superficial observations may ... for the time being, corroborate the impression that legislatures, despite being the branch of government designed to represent the will of the sovereign people, are in general less popular than essentially non-democratically elected responsible judiciaries. According to a recent Eurobarometer opinion poll, people in most member states o£ the European Union seem to have more confidence in judicial institutions that in the two other branches of government. Our hypothesis, then, might be that a democratically elected legislature is, by means of its mere existence a part of the constitutional order, a necessary but, because of the way it operates, by no means a sufficient prerequisite on secure public support for the political system. Other ingredients have to be added to the constitutional recipe in order to stabilize the policy. One of these ingredients might be a strong, independent and effective judicial system, with a special emphasis on its publicly most visible part the supreme or constitutional court.

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    Item Type: Conference or Workshop Item (UNSPECIFIED)
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > political affairs > legitimacy
    EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    EU policies and themes > EU institutions & developments > European Court of Justice/Court of First Instance
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Conference: European Union Studies Association (EUSA) > Biennial Conference > 2003 (8th), March 27-29, 2003
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 23 Feb 2005
    Page Range: p. 43
    Last Modified: 15 Feb 2011 17:24

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