Can someone pls explain like I'm 5 what process constitutionalism is? The author failed to define it, and I see no simple answers after Googling "process constitutionalism".

Robert Schütze. European Union Law 2 ed. 2018. p. 264. All emboldenings are mine.

      Which mechanism works best? States can be partly protected by a procedural duty on the Union legislator to ‘think hard’ about subsidiarity. However, procedural obligations only provide some protection of State autonomy. The Court of Justice should thus be involved in setting a substantive subsidiarity standard. But would the setting of hard limits for the Union legislator not be inherently anti-democratic? This view is mistaken. For the democracy-centred rationale behind process constitutionalism is hard to apply to a federal context. Here the question is not whether a non-democratic court or a democratic parliament should decide, but whether the democratic majority of the Union or the democratic majority of a State should decide on the matter.

I transcribed just the tag line that appears along the red arrow below.

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  • It looks like the hard to parse sentence is incomplete and/or missing a comma or more. – Denis de Bernardy Aug 2 at 15:19

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