基本説明
Provoking deep analysis of the different ideas of constitution and constitutionalism, it aims to challenge the idea of the European Union as an evolving federal polity.
Full Description
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.
Contents
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.
