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Title: EU constitutionalism : the great simulator?
Author: Kyriakou, Tania
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2004
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This thesis is a normative critique of EU constitutionalism. Its aim is not to expose the flaws of EU constitutionalism by reference to the templates of the nation state and our inherited constitutional vocabularies, but to articulate an internal, immanent critique, which brings to the fore the internal contradictions of the EU constitutional order. The argument put forward in this thesis shows that the initial solely economic focus of the Community has influenced its gradual evolution into a political entity and has kept its current political character subordinated to economic definitions. Due to the specific conditions of its historical development (the process through which the EC Treaty was constitutionalised was to a large extent judicially driven), EU constitutionalism has been marked by a substitution of jurisdiction for politicisation. Furthermore, the legal outcome of this juridification has enshrined the exigencies of the market within its deepest structures (this will be shown through an analysis of the concept of EU fundamental rights). This double substitution of the legal for the political and the economic for the legal amounts to a simulation of the political; political power is in essence no longer present except to conceal that there are no effective mechanisms for the exercise of political power in the EU. At the same time, this simulation of the political functions in a deeply ideological way, because it renders invisible the existing structures of political economy and the asymmetrical relations of domination which have been established through them.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available