EU Constitutionalism in the State Constitutional Tradition
Title: EU Constitutionalism in the State Constitutional Tradition
Author: WALKER, Neil
Publisher: European University Institute
Series/Number: EUI LAW; 2006/21
This paper sets out to examine whether and on what basis it is possible to 'carry over' the state constitutional tradition to the European Union context. It makes a case for a context-transcending five-dimensional conception of constitutionalism, embracing legal order, political system, self-authorization, societal integration and political reflexivity. it argues that the EU presently possesses a truncated constitutionalism in which only the first two dimensions are well-developed, and that its long-term legitimacy depends upon the fuller development of the last three dimensions- whether or not in the form of a documentary Constitution.
Subject: constitution building; constitutional change; Europeanization: polity building; European law
Type of Access: openAccess