The Past and Future of the European Constitution
Series: Collected Courses of the Academy of European Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 1 February 2021
- ISBN 9780199251636
- Binding Hardback
- No. of pages352 pages
- Size 234x156 mm
- Language English 0
Categories
Short description:
The 2007 Treaty settlement represents an attempt by national leaders to banish the language of constitutionalism from the EU reform project. This book argues that the constitutional question cannot and should not disappear. It explores the past and future role of constitutional thought in the search for legitimacy for the first post-state polity.
MoreLong description:
The rejection by Dutch and French voters to the idea of a European Constitution in 2005 and the decision of the European Council to remove the language of constitutionalism from its Treaty reform project have created a strong impression that the idea of a European constitution is dead and buried or, at least, that it must be left to another day and age.
This book argues that the constitutional question cannot and should not so easily disappear from the EU's legal and political horizon. The European Union cannot deny either its own unique constitutional past or the continuing relevance of the broader history of the project of state constitutionalism. The EU's own constitutional past is inscribed in its mature legal order and in its specialized institutional framework which bestow on the Union its distinctive legal and institutional identity.
This identity notwithstanding, the book argues that the EU suffers from excluding core elements of state constitutionalism: A framework of popular self-rule, a well-nurtured sense of a distinctive 'society' as the setting of the constitution, and a self-styled constitutional discourse as the common vernacular of fundamental political debate.
The book argues that the EU's modest constitutional inheritance will continue to be inadequate to resolve its problems of legitimacy as the world's first post-state polity. It explores whether, building on that modest inheritance, the EU can still find its own distinctive route to constitutional maturity.
Table of Contents:
A Constitution of Deep Disputation
Framing the Constitution
The Legal Order
The Political System
The Constituent Power
The Social Setting
The Future of the European Constitution
