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Lessons the EU should learn from the formative years of the US: Challenges to EU authority in the areas of legitimacy and interpretive competence and the implications for the conceptualization of the EU. JMWP No. 51.04, September 2004

Moull, David. (2004) Lessons the EU should learn from the formative years of the US: Challenges to EU authority in the areas of legitimacy and interpretive competence and the implications for the conceptualization of the EU. JMWP No. 51.04, September 2004. [Working Paper]

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    Abstract

    There is an important comparison to be made between the formative years of the European Union and the United States. In both cases, there were challenges to the consolidation and expansion of power by a central authority, especially in the area of interpretive competence. Questions were also raised about the legitimacy of the federal or supranational organization. These assertions of the German Federal Constitutional Court call into question how the EU should be conceptualized now and in the future. An alternative vision of federalism from the formative years of the US shows that there is more than one path the EU can follow. This alternative path puts the ideas of democratic legitimacy and the true consent of the people ahead of notions of supremacy and uniformity, which have been made popular by the ECJ

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    Item Type: Working Paper
    Uncontrolled Keywords: Constitutional Law; United States; comparative legal analysis; interpretive competence.
    Subjects for non-EU documents: EU policies and themes > External relations > EU-US
    EU policies and themes > Policies & related activities > political affairs > democracy/democratic deficit
    EU policies and themes > Policies & related activities > political affairs > legitimacy
    EU policies and themes > EU institutions & developments > institutional development/policy > historical development of EC (pre-1986)
    Subjects for EU documents: UNSPECIFIED
    EU Series: UNSPECIFIED
    ["eprint_fieldname_eusries" not defined]: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > University of Catania > Department of Political Studies, European Centre Jean Monnet "Euromed", Jean Monnet Working Papers in Comparative and International Politics
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 01 Apr 2006
    Page Range: p. 21
    Last Modified: 15 Feb 2011 17:40
    URI: http://aei.pitt.edu/id/eprint/6107

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