Author: Armin von Bogdandy

Title: Doctrine of Principles

Abstract:

Over the last years a differentiation within European scholarship has taken place: the creation and development of European constitutional law scholarship. Delineating a doctrine of principles offers a prime method to develop this scholarship as has happened in national legal systems. Certainly, such a construction will not advance a logical unity or pre-established concord of primary European law. Rather, the diffuseness in the Union's constitutional law will, to a large extent, be able to be explained as the partly hazy content of important constitutional principles and the ambiguous relationship between them. Jurisprudence will not be able to resolve these problems alone. Yet there is something to be gained if the sizeable number of recognized principles and important elements of their legal concretizations are stipulated and controversial questions precisely defined.

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