Is Constitutional Pluralism (Il)liberal? On the Political Theory of European Legal Integration in Times of Crisis

Abstract This Article uncovers the normative political theory underlying legal doctrine of constitutional pluralism, as it is used in EU today. Constitutional once described a semi-official EU, now being by some member states to challenge its authority and rules. By reconstructing thought one founders, N. MacCormick, this takes issue with two most common interpretations pluralism: On hand, has been claimed that content pluralism virtually identical, or at least compatible, Kantian rights-based cosmopolitanism; on other, contended, especially regard uses Hungary Poland, was an inherently dangerous, illiberal, theory. offers move away from current debates go back origins pluralism. It argues not purely liberal indeed. But neither illiberal. Rather, both illiberal readings are possible, but partial, MacCormickian A more systematic interpretation shows opens path beyond somewhat archetypical divide.