The Rise and Fall of the European Constitution

European Union Law

The Rise and Fall of the European Constitution

Edited by N.W. Barber · Maria Cahill · Richard Ekins
Hart Publishing October 2020

Specifications

ISBN-13
9781509945238
Publisher
Hart Publishing
Publication
October 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

1. Introduction
2. From the Years of the Convention to the Years of Brexit. Where Do We Go from Here?
Giuliano Amato
3. Constitutionalisation without Constitution: A Democracy Problem
Dieter Grimm
4. The EU's Constitutional Moment: A View from the Ground Up
Kalypso Nicolaidis
5. Treaty Amendment, the Draft Constitution and European Integration
Paul Craig
6. The European Constitution and Europe's Dialectical Federalism
Erin F Delaney
7. The Two Europes
N.W. Barber
8. The Competence Catalogue in the Treaty Establishing a Constitution and the Treaty of Lisbon: Improvement, but at a Cost
Stephen Weatherill
9. The Charter of Fundamental Rights and the EU's Shallow Constitutionalism
Dorota Leczykiewicz
10. The EU Constitution, Sovereignty and the Problem of Primacy
Gunnar Beck
11. Europe's Constitutional Overture
Neil Walker
12. The European Constitution and 'the Compulsion to Grand Politics'
Richard Mullender
13. Recollections from and Reflections on the Making and Failure of the European Constitution
Gisela Stuart
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