SUPRASTAATLICHE VERFASSUNGSPOLITIK UND DIE METHODE DER RATIONALEN REKONSTRUKTION

In: Der Staat: Zeitschrift für Staatslehre und Verfassungsgeschichte, deutsches und europäisches öffentliches Recht, Band 53, Heft 3, S. 401-424

Abstract

Faced in his essay to Constitution of Europe (DASS) Jurgen Habermas us with the following idea: consider legitimacy to the European Union is based on theory, a double Constituent subject. Within the supranational Community, the entirety of European citizens and the peoples of the Member States shall communicate to the position of the carrier of constituting power. This theoretical construction is obtained after Habermas' statement from 'the perspective of a rational reconstructed constitutional process'. This element of Habermas's essay is the same for two relevant current research fields. On the one hand there is a substantial contribution to the normative discussion of who owns in supranational contexts the right to perform constituent acts. Secondly, it provides those with a new challenge, as part of a methodological debate so concerned, as Habermas' notion of rational reconstruction is to be understood and has the potential reconstruction as a method of political theory. Adapted from the source document.