Its Sources, Limits and Identity
The Political Contingence of Constitutional Voluntas and the Practical Continuity of Law’s Cultural “Project”. A Conversation Piece Concerning a “Narrative” of Discontinuity
Abstract: The articles addresses the problem concerning the critical and reflective relationship between contemporary European identities, their practical and cultural legacy in general and their shared constitutional culture in particular. It analyses in-depth the diagnosis made by Jürgen Habermas who states that Europe is a ‘constitutional project’ and reviews what he calls ‘the precarious relation between law and power’. Further it responds to the problem which autonomous role we can expect from law as a key element of the said legacy and as a plausible answer to the issue of inclusion.
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