Show Less
Restricted access

The Common European Constitutional Culture

Its Sources, Limits and Identity

Series:

Roman Hauser, Marek Zirk-Sadowski and Bartosz Wojciechowski

The authors focus on the interrelations between the sense of individual identity and the sense of national identity. Their aim is to find a common European legal culture. The processes of Europeanization have been proceeding on the legal level, wherein the CJEU took a prominent role, and on the level of intergovernmental decision-making. In the aftermath, the EU may be comprehended in terms of the rights-based union and problem-solving entity although the emergence of the values-based community has been stymied and the transnational public spheres are rather thin. This caused a democratic deficit and provoked debates about the EU as a post-democratic polity. There are disputes whether this oddity of the EU indicates its nobility or perversion. But the fact remains that the Eurocitizens in their post-sovereign states became lost in the Hegelian extreme terms of the universal-formal rights. Their individual interests made them especially exposed to the shocks of the economic crisis. This makes it necessary to address the issue of the common European constitutional culture.
Show Summary Details
Restricted access

The Job of the Judge in the Context of Silenced People: The Opuz Case

Extract

*

Abstract: In this article, silence is regarded as one of the requirements of attention. In this respect, silence is considered as a way of communication. Here, rhetorical listening is important and is used many ways. When connected with attention, rhetorical listening is regarded as openness or open-mindedness. The article discusses this form of listening in the context of the job of the judge. The Opuz case reflects how the epistemic injustice as silencing forms can cause gross human rights violations.

You are not authenticated to view the full text of this chapter or article.

This site requires a subscription or purchase to access the full text of books or journals.

Do you have any questions? Contact us.

Or login to access all content.