Beyond Federal Dogmatics
The Influence of EU Law on Belgian Constitutional Case Law Regarding Federalism
Foreword by André Alen
The relationship between EU law and national constitutional law, including constitutional law in federalism matters, has been subject to an ongoing scholarly debate. Beyond Federal Dogmatics contributes to this debate in two ways. Stef Feyen argues for an approach to constitutional law that goes beyond the classic, "dogmatic") understanding of constitutional case law regarding federalism as expounded in Belgian academia. Building on that basis, he sets out to rethink the framework within which the connection between EU law and national constitutional law can be understood. The analysis delves into the relationship, and sometimes tension) between “rule-of-law” values, which may serve as checks upon instrumental forms of reasoning) and the toolbox deployed in constitutional court case law to accommodate several rather pragmatic needs.