The Rise and Fall of the European Constitution

by NW Barber, Maria Cahill, Richard Ekins

Overview

The Draft European Constitution was arguably both an attempt to constitutionalise the Union, re-framing that project in the language of the state, and an attempt to stretch the boundaries of constitutionalism itself, re-imagining that concept to accommodate the sui generis European Union. The (partial) failure of this project is the subject of this collection of essays. The collection brings together leading EU constitutional scholars to consider, with the benefit of hindsight, the purportedly constitutional character of the proposed Constitutional Treaty, the reasons for its rejection by voters in France and the Netherlands, the ongoing implications of this episode for the European project, and the lessons it teaches us about what constitutionalism really means.

Product Details

ISBN-13:	9781509910984
Publisher:	Bloomsbury Academic
Publication date:	01/10/2019
Series:	Modern Studies in European Law Series
Pages:	248
Product dimensions:	6.14(w) x 9.21(h) x 0.56(d)

About the Author

NW Barber is Professor of Constitutional Law and Theory at the University of Oxford.
Maria Cahill is Lecturer in Law at the University College Cork.
Richard Ekins is Associate Professor of Law at the University of Oxford.

Table of Contents

Acknowledgements v

List of Contributors ix

1 Introduction 1

2 From the Years of the Convention to the Years of Brexit. Where Do We Go from Here? Giuliano Amato 11

3 Constitutionalisation without Constitution: A Democracy Problem Dieter Grimm 23

4 The EU's Constitutional Moment: A View from the Ground Up Kalypso Nicolaidis 41

5 Treaty Amendment, the Draft Constitution and European Integration Paul Craig 51

6 The European Constitution and Europe's Dialectical Federalism Erin F Delaney 73

7 The Two Europes NW Barber 89

8 The Competence Catalogue in the Treaty Establishing a Constitution and the Treaty of Lisbon: Improvement, but at a Cost Stephen Weatherill 107

9 The Charter of Fundamental Rights and the EU's Shallow Constitutionalism Dorota Leczykiewicz 125

10 The EU Constitution, Sovereignty and the Problem of Primacy Gunnar Beck 155

11 Europe's Constitutional Overture Neil Walker 177

12 The European Constitution and 'the Compulsion to Grand Politics' Richard Mullender 197

13 Recollections from and Reflections on the Making and Failure of the European Constitution Gisela Stuart 215

Index 225

Editorial Reviews

"[T]his "ripe" collection of recollections and reflections on the most essential and controversial issues that let the EU's constitutional moment be bygone presents an inspiring, critical and yet affirmative account on the rise and resurgence of the European Constitution." --Journal of Common Market Studies

"[W]orthwhile reading not only by EU law and political science scholars, but also by a broader public." --Common Market Law Review

From the Publisher