A Constitution Without the State and the People (2) Cover Image

Ustav bez države i naroda (2)
A Constitution Without the State and the People (2)

Author(s): Davor Rodin
Subject(s): Politics / Political Sciences
Published by: Fakultet političkih znanosti u Zagrebu
Keywords: European Constitution; European Union; national state; people; political processes; Euroskepticism; democracy; substantial rationalism; deconstruction; incommensurability; semantic irritation;

Summary/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.

  • Issue Year: XLII/2005
  • Issue No: 03
  • Page Range: 3-26
  • Page Count: 26
  • Language: Croatian