Herlin-Karnell on Non-Domination & Justification in the Context of EU Security

Ester Herlin-Karnell (VU University Amsterdam – Faculty of Law) has posted The Concepts of Non-Domination and Justification in EU Security-Related Context (Book chapter in E Herlin-Karnell & M Klatt (eds.) Constitutionalism Justified (Oxford University Press 2018), Forthcoming) on SSRN.  Here is the abstract: This chapter explores the implications of a non-domination oriented view for understanding European Union (EU) security regulation. I will ask how the non-domination template fits the constitutional legal model, and what it adds for the understanding of the establishment of an “Area of Freedom, Security and Justice” (AFSJ) in the specific case of the EU. The concept of non-domination is commonly seen as one of the most central concepts in republican theory. Therefore, I will tentatively look at the relationship between coercion, which is the common term in legal vocabulary for describing force, and the concept of domination in political…

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