Courts and Free Markets—The Legitimacy Question
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.
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