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SSRN Electronic Journal
Article . 2009 . Peer-reviewed
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Sovereignty in the EU Constitutional Order: Integrating Law and Political Science

Authors: Mac Amhlaigh, Cormac; Glencross, Andrew;

Sovereignty in the EU Constitutional Order: Integrating Law and Political Science

Abstract

This paper examines how law and political science have studied the role played by sovereignty claims in the EU constitutional order. Typically, it is argued, the two disciplines have studied sovereignty in the EU from parallel perspectives, with the former emphasising the dimension of the internal sovereignty of the EU and the latter focusing on member states’ enduring external sovereignty in relation to the international system. This divergence is explained by virtue of contrasting institutional units of analysis (courts vs. representative institutions). The consequence is the absence of a shared understanding of where Kompetenz-Kompetenz, the power to decide who decides in the EU system, lies. In the light of this analysis, three models of sovereignty are then discussed as models for spanning the disciplinary boundary. These are the Westphalian, post-sovereign and confederal models of sovereignty. Amongst them, the paper concludes, it is the latter that seems to offer the greatest opportunities for reconciling insights from law and political science.

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United Kingdom
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
bronze