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Euroconstitutionalism and its Discontents - Oxford Scholarship Online
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Euroconstitutionalism and its Discontents

Oliver Gerstenberg


This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But at the same time, Europeans are concerned about an overconstitutionalization and the balancing-away of less-favoured rights, leading to the entrenchment of the status quo and stifling of the living constitutionalism and democracy. The book challenges the common view that constitutionalization means de-politicization. Without claiming for themselves the final ... More

Keywords: Euroconstitutionalism, social rights, over-constitutionalization, judicialization, democratic deficit, democratic experimentalism, CJEU, ECtHR

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780198834335
Published to Oxford Scholarship Online: February 2019 DOI:10.1093/oso/9780198834335.001.0001


Affiliations are at time of print publication.

Oliver Gerstenberg, author
Senior Lecturer in Law, UCL