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Vol 23 No 5 May/June 2018

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Developing a Constitution for Europe

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ISBN13: 9780415321945
ISBN: 0415321948
Published: June 2005
Publisher: Taylor & Francis
Format: Hardback
Price: £105.00

The European Union is presently at a crossroad. The prospect of enlargement has led to a project of comprehensive reform. Existing structures - originally designed for just six members - need to change. The Constitutional Convention has succeeded in forging a draft Treaty Establishing the Constitution for Europe but these developments raise fundamental issues of legitimacy and democratic accountability. This book aims to address the challenge of forging a legitimate Constitution for the EU and explores the questions: *Does the EU need a constitution and, if so, what is to be constituted? *Can such a constitution be made by a non-state entity? *How could the constitution be made and what is the role of the Convention on the Future of Europe? The authors aim to clarify the constitutional status of the EU, to take stock of the European Charter of Fundamental Rights and Convention of the Future of Europe as vehicles to foster and create a European constitution. Developing a Constitution for Europe should interest students and researchers of European Politics.

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Prologue Bruce Ackerman 1. Introduction Erik O. Eriksen, John E. Fossum and Jose Menendez Section One: Why a Constitution? 2. Why Europe Needs a Constitution Jurgen Habermas 3. On the Right to Self-Government Erik O. Eriksen 4. Human Rights, Constitutionalism and Integration: Iconography and Fetishism Joseph H. H. Weiler 5. Treaty or Constitution? The legal basis of the European Union after Maastricht Dieter Grimm 6. A Policy without a State? European Constitutionalism between Evolution and Revolution Hauke Brunkhorst Section Two: Can it be made? 7. Three Conceptions of the European Constitution Agustin Jose Menendez 8. The Politics of Law and the Law of Politics: Two Constitutional Traditions in Europe Christoph Mollers 9. Wille zur Verfassung, or the Constitutional State in Europe Massimo La Torre 10. Law, Economics and Politics in the Constitutionalisation of Europe Christian Joerges and Michelle Everson Section Three: How can it be made? 11. The Convention Method and the Transformation of EU Constitutional Politics Carlos Closa 12. Deliberation or Bargaining? Coping with Consititional Conflicts in the Convention on the Future of Europe Paul Magnette 13. Still a Union of Deep Diversity? The Convention and the Constitution for Europe John E. Fossum