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Vol 23 No 5 May/June 2018

Book of the Month

Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Past and Future of the European Constitution

Publication abandoned lge

ISBN13: 9780199251636
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Publication Abandoned
Paperback edition publication abandoned, ISBN13 9780199535460

  • Sets the recent EU Treaty developments in their historical and theoretical context, providing a sophisticated understanding of the current political tensions
  • Presents a powerful argument for opening the EU legal order to ideas and values of national constitutionalism, analysing the EU's problem of legitimacy in constitutional terms
  • Interdisciplinary approach applies the methods and perspectives of constiutional law, political science and legal theory to the complex phenomenon of the first post-state polity
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.

Publication abandoned lge
EU Law
1. A Constitution of Deep Disputation
2. Framing the Constitution
3. The Legal Order
4. The Political System
5. The Constituent Power
6. The Social Setting
7. The Future of the European Constitution