Constructing a Supranational Constitution
Dispute Resolution and Governance in the European Community
Bibliographic Data
| ID | 7597283 |
|---|---|
| Authors | Alec Stone Sweet (0000-0002-7603-6910, University of California, Irvine), Thomas L Brunell (0000-0003-3077-5037, University of California, Irvine) |
| Year | 1998 |
| Volume | 92 |
| Issue | 1 |
| Pages | 63-81 |
| Publication date | 1998-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Political Science Review (JOURNAL) |
| Journal identifiers | ISSN: 0003-0554 • E-ISSN: 1537-5943 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/2585929 |
| OpenAlex | W2125328317 |
| Language | EN |
| Citations received | 132 |
| References cited | 64 |
We present a theory of European legal integration that relies on three causal factors: transnational exchange, triadic dispute resolution, and the production of legal norms. After stating the theory in abstract terms, we explain the construction of the legal system and test the relationship among our three variables over the life of the European Community. We then examine the effect of the EC legal system on policy outcomes at both the national and supranational levels in two policy domains: the free movement of goods and gender equality. Our theory outperforms its leading rival, intergovernmentalism. The evidence shows that European integration has generally been driven by transnational activity and the efforts of EC institutions to reduce transaction costs, behavior which governments react to but do not control
Business · Constitution · Corporate governance · Economic system · Economics · European community · European integration · European union · Free movement · Intergovernmentalism · International trade · Law and economics · Microeconomics · Political science · Transaction cost · European and International Law Studies · European Union Policy and Governance · International Arbitration and Investment Law · Law
Environmental Compliance in Italy and Greece
The European Court and Civil Society
The Opening Up of International Organizations
Governing with Judges
Democracy in Europe
The Engines of European Integration
The Politics of Constitutional Review in Germany
The Continent of International Law
Unequal Europe
If Only Half of International Agreements Have Dispute Resolution Provisions, Which Half Needs Explaining?
How Much Influence Do Opinion-Writers Have on Per Curiam Courts? Uncovering Author Drift in Written Decisions at the European Court of Justice
Merchant hubs and spatial disparities in the private enforcement of international trade regimes
Can domestic courts erode confidence in international law? Evidence from Hungary
"Europeanization and the "Needle's Eye
Ideas, Norms and European Citizenship
A Sociology of Constituent Power
Bringing courts back in
Spillover Effects and Supranational Parliaments
Adaptation et réflexivité
Chilling or Learning
Delegation, Compliance, and Judicial Decision Making in the Court of Justice of the European Union
Are Judges on Per Curiam Courts Ideological? Evidence from the European Court of Justice
Revisiting Judicial Empowerment in the European Union
Where are the women? Legal traditions and descriptive representation on the European Court of Justice
Judicial power and constitutional tensions
The formation of a European constitution
The Americanisation of European Law? Adversarial Legalism à La Européenne
When Courts Decide
Domestic Legal Infrastructures and Member State Observations
Democratic Empowerment Through Euro-Law
Introduction
The process of europeanization
Three Nordic Power Investigations on the Repercussions of the European Union on Sovereignty and Democracy
Not Taking it on Faith
Are European Court of Justice judges biased towards their member states
What is driving rates of social policy preliminary references to the CJEU? Evidence from the United Kingdom and France
Survey Article
Introduction
Constitutionalism Without Constitution
Europeanization Through Law, Compliance, and Party Differences – The ECJ’s ‘Rüffert’ Judgment (C-346/06) and Amendments to Public Procurement Laws in German Federal States
Domestic resistance against EU policy implementation
The Court of Justice of the European Union, conflicts of sovereignty and the EMU crisis
Democracy and trade conflict
Legislative-Judicial Relations
Can International Courts Enhance Domestic Judicial Review? Separation of Powers and the European Court of Justice
The Nordics, the EU and the Reluctance Towards Supranational Judicial Review
Juridification through rights
European Courts and Foreigners’ Rights
The Euro
National Adaptation to European Integration
Lobbying versus litigation
The European Court and the national courts
International Relations Theory and European Integration
Who Files Suit? Legal Mobilization and Torture Violations in Europe
From Marx to Market
Women's Rights, the European Court, and Supranational Constitutionalism
Law as weapon of the weak? A comparative analysis of legal mobilization by Roma and women's groups at the European level
Introduction – the European Court of Justice and legal integration
Explaining the constitutionalization of the European Union
Position-taking in the Euro crisis
Institutional Change in Europe
The Europeanization of Welfare - The Domestic Impact of Intra-European Social Security
The Force of a Weak Field
Legal Integration and Use of the Preliminary Ruling Process in the European Union
Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice
The Politics of International Judicial Appointments
Do Preliminary References Increase Public Support for European Law? Experimental Evidence from Germany
The European Court of Justice, Democracy, and Enlargement
Noncompliance risk, asymmetric power and the design of enforcement of the European economic governance
Institutionalist Research on the European Union
The evolution of European Union law
The Uneven Legal Push for Europe
Obstructing integration
Domesticating discourses
Compliance and Post-Agreement Bargaining
Agents or Trustees? International Courts in their Political Context
Explaining Variation in the Use of European Litigation Strategies
Judicial Influence on Policy Outputs? The Political Constraints of Legal Integration in the European Union
Leveling and Spotlighting
Délibération et communication entre les institutions à propos de la répartition des pouvoirs
Theorizing the European Union
Constructing Polities and Markets
Understanding the Role of the European Court of Justice in European Integration
Judicial Behavior under Political Constraints
The Politics of International Oversight
The European Court of Justice, State Noncompliance, and the Politics of Override
Constitutionalism, Legal Pluralism, and International Regimes
The Political Origins of the New Constitutionalism
The Political Geography of Legal Integration
A theory of external judicial politics
European Union
The legal mobilisation of EU market freedoms
Courts and Compliance in International Regulatory Regimes
Of Courts and Commerce
The Democracy Deficit and Mass Support for an EU-Wide Government
Europeanization and Italy
Exit Options and the Effectiveness of Regional Economic Organizations
American Adversarialism
The political economy of noncompliance in customs unions
The newLex Mercatoriaand transnational governance
The transformation of American law, 1780-1860
Structure and change in economic history
The Limits of European Integration
The New European community
The uniting of Europe
The Transformation of American Law, 1780–1860
Pooled Time Series Analysis
Courts
The Transformation of Europe
The logic of delegation
Uniting Of Europe
Institutions, Institutional Change and Economic Performance
European Social Policy
Structuring Politics
Historical institutionalism in comparative politics
The Birth of Judicial Politics in France
Feminising the Market
Double-Edged Diplomacy
State Resistance to Authority in Federal Unions
The European Court and the Eea
European social policy
The limits of European integration
Lawyers, Judges, and the Making of a Transnational Constitution
Comparing National and EC Law
European Community Sex Equality Law
The Europeanization of the British Legal Style
Equal Treatment of Men and Women in the Work Place
Recasting the European Bargain
The European Community
Membership Matters
Preferences and Power in the European Community
International Integration
International cooperation and institutional choice
Negotiating the Single European Act
Judicial Politics in the European Community
The New Constitutional Politics of Europe
The Path to European Integration
The Power of the European Parliament as a Conditional Agenda Setter
The Legitimacy of the Court of Justice in the European Union
The Sociology of Georg Simmel
Theory of international politics
When Effect Becomes Cause
Judicial policy‐making in Germany
What Is a Supranational Constitution? An Essay in International Relations Theory
European integration and supranational governance
European Integration from the 1980s
Liberal Intergovernmentalism and Integration
Choosing union
Europe Before the Court
A Quiet Revolution
Judging Socialist Reform
The Federal Constitutional Court in the German Political System
Judicialization and the Construction of Governance
How Not to Lie with Statistics
Regression in Space and Time
What To Do (and Not to Do) with Time-Series Cross-Section Data
Constitutionalism and the Many Faces of Federalism
| Unique citing works | 132 |
|---|---|
| Citations per year | 4,71 |
| Citation span | 1998 - 2026 (29) |
| Citation velocity | current |
| Highly cited | Yes |
| Citation types | Neutral: 131 |