Europe’s political constitution

Abstract

Pluralism is a defining feature of European human rights law and of the European constitution. Contestability and conditional deference determine how participating states eventually calibrate their relation to international and supranational authority. This structure gives rise to differences of opinion that reverberate throughout a public sphere that is composed of a growing number of scholars. They increasingly rely on digital media to exchange their ideas. A major role has come to be played by blogs such as the Verfassungsblog. Since its inception, its focus has rested on defending the values of constitutionalism vis-à-vis ‘backsliding’ Member States. The constitutional culture that results from this is somewhat reminiscent of Germany during the period of the Weimar Republic (1919–1933). While the rise of authoritarianism is a major issue, public law scholarship appears to become increasingly partisan. As European constitutional law emerges against the backdrop of an expanding public sphere, scholarly interventions are drawn into the vortex of politics. Unsurprisingly, scholarship begins to face up to its politicisation by reflecting on its proper task.

Keywords

• European constitutional law
• transnational constitutional law
• public sphere
• consensus in human rights law
• scholactivism