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Who Is Afraid of European Constitutionalism?: The Nordic Distress with Judicial Review and Constitutional Democracy

Research output: Working paper

Standard

Who Is Afraid of European Constitutionalism? : The Nordic Distress with Judicial Review and Constitutional Democracy. / Wind, Marlene.

Copenhagen : Social Science Research Network (SSRN), 2014. p. 1-20.

Research output: Working paper

Harvard

Wind, M 2014 'Who Is Afraid of European Constitutionalism?: The Nordic Distress with Judicial Review and Constitutional Democracy' Social Science Research Network (SSRN), Copenhagen, pp. 1-20.

APA

Wind, M. (2014). Who Is Afraid of European Constitutionalism? The Nordic Distress with Judicial Review and Constitutional Democracy. (pp. 1-20). Copenhagen: Social Science Research Network (SSRN). iCourts Workingpaper, No. 13, Vol.. 2014

Vancouver

Wind M. Who Is Afraid of European Constitutionalism?: The Nordic Distress with Judicial Review and Constitutional Democracy. Copenhagen: Social Science Research Network (SSRN). 2014 Dec, p. 1-20.

Author

Wind, Marlene. / Who Is Afraid of European Constitutionalism? : The Nordic Distress with Judicial Review and Constitutional Democracy. Copenhagen : Social Science Research Network (SSRN), 2014. pp. 1-20 (iCourts Workingpaper; No. 13, Vol. 2014).

Bibtex

@techreport{a98c94c7073640ebb944e52ae1ae8f44,
title = "Who Is Afraid of European Constitutionalism?: The Nordic Distress with Judicial Review and Constitutional Democracy",
abstract = "According to Ronald Dworkin, majoritarian democracies like the Nordic ones are founded upon the notion that parliamentary majorities are elevated above the other branches of government and that such majorities should not be subject to judicial review. The emergence of a powerful supranational judicial body at the EU level which, on a regular basis, sets aside national law and sovereign prerogatives, therefore shakes the very foundation on which majoritarian democracies rests. This article shows how conceptions of democracy in the Nordics can explain the critical Nordic attitude towards the legitimacy of the European Court of Justice and of European law more generally. Using Denmark as a case, I show that national courts in a majoritarian democracy only reluctantly cooperate with supranational judicial bodies by referring very few cases. I argue that Nordic courts forward few cases to the European court of justice both because they have little experience with judicial review at the national level but also – and more importantly – due to a widespread hostility towards (supranational) judicial review in general.",
author = "Marlene Wind",
note = "iCourts - The Danish National Research Foundation´s Centre of Excellence for International Courts",
year = "2014",
month = "12",
language = "English",
pages = "1--20",
publisher = "Social Science Research Network (SSRN)",
type = "WorkingPaper",
institution = "Social Science Research Network (SSRN)",

}

RIS

TY - UNPB

T1 - Who Is Afraid of European Constitutionalism?

T2 - The Nordic Distress with Judicial Review and Constitutional Democracy

AU - Wind,Marlene

N1 - iCourts - The Danish National Research Foundation´s Centre of Excellence for International Courts

PY - 2014/12

Y1 - 2014/12

N2 - According to Ronald Dworkin, majoritarian democracies like the Nordic ones are founded upon the notion that parliamentary majorities are elevated above the other branches of government and that such majorities should not be subject to judicial review. The emergence of a powerful supranational judicial body at the EU level which, on a regular basis, sets aside national law and sovereign prerogatives, therefore shakes the very foundation on which majoritarian democracies rests. This article shows how conceptions of democracy in the Nordics can explain the critical Nordic attitude towards the legitimacy of the European Court of Justice and of European law more generally. Using Denmark as a case, I show that national courts in a majoritarian democracy only reluctantly cooperate with supranational judicial bodies by referring very few cases. I argue that Nordic courts forward few cases to the European court of justice both because they have little experience with judicial review at the national level but also – and more importantly – due to a widespread hostility towards (supranational) judicial review in general.

AB - According to Ronald Dworkin, majoritarian democracies like the Nordic ones are founded upon the notion that parliamentary majorities are elevated above the other branches of government and that such majorities should not be subject to judicial review. The emergence of a powerful supranational judicial body at the EU level which, on a regular basis, sets aside national law and sovereign prerogatives, therefore shakes the very foundation on which majoritarian democracies rests. This article shows how conceptions of democracy in the Nordics can explain the critical Nordic attitude towards the legitimacy of the European Court of Justice and of European law more generally. Using Denmark as a case, I show that national courts in a majoritarian democracy only reluctantly cooperate with supranational judicial bodies by referring very few cases. I argue that Nordic courts forward few cases to the European court of justice both because they have little experience with judicial review at the national level but also – and more importantly – due to a widespread hostility towards (supranational) judicial review in general.

M3 - Working paper

SP - 1

EP - 20

BT - Who Is Afraid of European Constitutionalism?

PB - Social Science Research Network (SSRN)

CY - Copenhagen

ER -

ID: 184106868