European Constitutionalism beyond the State

by Edited by J. H. H. Weiler , Marlene Wind

• ISBN13: 9780521792257
• ISBN10: 0521792258
• Format: Hardcover
• Copyright: 2003-10-27
• Publisher: Cambridge University Press

Summary

The notion of a European constitution has until recently received unfavourable reactions within the European Union with controversy surrounding its political and legal implications. Criticism has largely revolved around the threat of an emerging European federal state. Today, however, constitution-building has become a major point of debate among members of the European Community as the drafting of a European constitution becomes more imminent. European Constitutionalism Beyond the State brings together some of the most innovative scholars in the field to highlight different facets of the new constitutional discussion. Provoking deep analysis of the different ideas of constitution and constitutionalism, the book delineates new ways of thinking about the future of Europe. In particular, it aims to challenge the idea of the European Union as an evolving federal polity. This book will appeal to anyone interested in the timely subject of constitutionalism including students and practitioners of law, politics and philosophy.

Table of Contents

Contributors

Preface

Part I: 1. Introduction: Europe's fateful choice J. H H. Weiler

Part II: 2. Postnational constitutionalism: towards a general theory of translation Neil Walker

3. The unfinished constitution of the European Union: principles, processes and culture Francis Snyder

4. Europe and the Constitution: what if this is as good as it gets? Miguel Poiares Maduro

Part III: 5. Beyond representative democracy: constitutionalism in a polycentric polity Renaud Dehousse

6. The European Union as a polycentric polity: returning to a neo-medieval Europe? Marlene Wind

7. Finality vs. enlargement: constitutive practices and opposing rationales in the reconstruction of Europe Antje Wiener

Part IV: 8. Epilogue: Europe and the dream of reason Philip Allott.