Original scientific paper
A CONSTITUTION WITHOUT THE STATE AND THE PEOPLE (2)
Davor Rodin
; Faculty of Political Science, University of Zagreb, Zagreb, Croatia
Abstract
In the second part of the text the author looks into the paradox of
the concept of justice as discerned by Jacques Derrida, and analyzes
the tradition of the European constitutional law. Since the constitution
and politics are discordant and semantically irritating mediums, the author argues that the European Union is an open semantic relationship of legal acquisitions and political processes. The European
Union should be explained by means of contemporary, postmodernist
theories derived from the linguistic and deconstructivist reversals of
the modern substantial rationalism, universalism and cosmopolitism.
Consequently, the constitution and the law are not underpinned by the
political or any other specific power; on the contrary, it is the unspecific power of the constitution and the law that enables the gradual development and strengthening of the European law and the constitution without the extra constitutional authorities as the disguised power that traditionally legitimizes law.
Keywords
European Constitution; European Union; national state; people; political processes; Euroskepticism; democracy; substantial rationalism; deconstruction; incommensurability; semantic irritation
Hrčak ID:
20933
URI
Publication date:
29.3.2006.
Visits: 2.299 *