Edited by Gareth Davies and Matej Avbelj
Chapter 6: Constitutional conflicts and agonistic pluralism: what can we learn from political theory?
This chapter attempts to develop an alternative theoretical proposal on the role of conflicts in European constitutional law. The starting point is represented by the ambiguous role of conflicts in the account proposed by constitutional pluralists. Starting from these considerations, the chapter explores the role of conflicts in light of what Mouffe called ‘conflictual consensus’. First, it stresses how constitutional pluralism has always struggled with conflicts, from MacCormick to the most recent variations. Secondly, it looks at Art. 4.2 TEU to show how a provision codified with the intent to tame constitutional conflicts has de facto increased the interpretative competition between courts and, therefore, the risk of disagreement between them. Finally, it attempts to offer another theoretical reading of such developments in order to recognise the positive role that constitutional conflicts may have in European constitutional law.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.