European Constitutionalism beyond the State

Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.

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

9780521792257, Cambridge University Press

Hardback, published 4 September 2003

256 pages
23.6 x 15.7 x 2.2 cm, 0.534 kg

'… great merit … avoids becoming entangled in the ever changing details of the reform process … sheds light on the deeper problems and challenges of European constitutionalism … still relevant …' International Journal of Constitutional Law

The notion of a European constitution has previously 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. More recently, 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 alternative 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.

Notes on contributors
Introduction: European constitutionalism beyond the state J. H H. Weiler and Marlene Wind
Part I: 1. In defence of the status quo: Europe's constitutional Sonderweg J. H. H. Weiler
Part II: 2. Postnational constitutionalism and the problem 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
5. The European Union as a polycentric polity: returning to a neo-medieval Europe? Marlene Wind
Part III: 6. Beyond representative democracy: constitutionalism in a polycentric polity Renaud Dehousse
7. Finality vs. enlargement: constitutive practices and opposing rationales in the reconstruction of Europe Antje Wiener
8. Epilogue: Europe and the dream of reason Philip Allott
Index.

Subject Areas: Laws of Specific jurisdictions [LN], Comparative law [LAM]