After the Brexit vote: what's left of 'split' popular sovereignty?. Issue 7 (10th November 2018)

• Record Type: Journal Article
• Authors: Patberg, Markus
• Is Part Of: Journal of European integration. Volume 40:Issue 7(2018)
• Page Start: 923
• Page End: 937
• Publication Date: 2018-11-10
• Subjects: Brexit -- withdrawal from EU -- pouvoir constituant mixte -- constituent power -- democracy -- disintegration; European federation -- Periodicals; Political science -- Periodicals; Europe -- Economic integration -- Periodicals; 341.24205
• DOI: 10.1080/07036337.2018.1482290
• Languages: English
• ISSNs: 0703-6337

Abstract

ABSTRACT: Political theory develops its normative positions on EU legitimacy with a view to what seems possible and acceptable under given political, social, and cultural conditions. Thus, the Brexit vote should give it a pause. In this article, I discuss if and to what extent we can hold on to the claim that the EU is based on a pouvoir constituant mixte . In particular, I examine three problems that the UK's decision to leave the EU gives rise to. First, I address the analytical challenge of whether 'split' popular sovereignty is refuted as a rational reconstruction of the EU. Second, I turn to the normative-theoretical challenge of whether it is a category mistake to refer to (dual) constituent power in the context of the EU. Third, I deal with the political challenge of whether pouvoir constituant mixte is prone to confuse citizens and to scare them off with excessive 'EUphoria'.