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From International to Federal MarketThe Changing Structure of European Law$
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Robert Schütze

Print publication date: 2017

Print ISBN-13: 9780198803379

Published to Oxford Scholarship Online: September 2017

DOI: 10.1093/oso/9780198803379.001.0001

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Courts and Free Markets—The Legitimacy Question

(p.289) Epilogue
From International to Federal Market

Robert Schütze

Oxford University Press

Can the judicial creation of the EU internal market be justified? A famous—positive—answer has, in the past, been suggested by Miguel Maduro’s We the Court; and the first section explores the credentials of his ‘majoritarian activism’ thesis. The second section surveys alternative forms of legitimacy, such as ‘output legitimacy’ and ‘messianic legitimacy’, but it also offers a new Kantian approach to the legitimacy question.

Keywords:   Maduro, majoritarian activism, democracy, output legitimacy, messianism, Kant, social contract

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