The Migration of Constitutional Ideas and the Migration of the Constitutional Idea: the Case of the EU
AbstractThis paper considers the dynamics of migration of constitutional ideas in the context of the gradually "constitutionalizing" EU, and in particular the advent of a first documentary Constitution shape new (and as yet unratified) Constitutional Treaty 2004. normal, profound, complexities tracking evaluating migration ideas national context are exacerbated case supranational polity such EU. Empirically, its position partial relational rather than comprehensive self-contained means that migratory flow is thicker sense common EU 'habitat' to which migrate less distinct. Normatively, due this empirical complexity, classic arguments about democratic dangers cultural insensitivity do not apply same fashion. On account quasi-federal mediating role ECJ, relative openness Constitution-making process, emphasis upon relatively context-independent measures institutional design, different normative significance democracy principle at level, final analysis pressing level. By contrast, however, distinctive character European importation honed state against background politics may be inappropriate transnational political culture.
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Bibliographic InfoPaper provided by European University Institute (EUI), Department of Law in its series EUI-LAW Working Papers with number 4.
Date of creation: 01 Apr 2005
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Web page: http://www.eui.eu/LAW/
democracy; constitutional change; constitution building; political culture; supranationalism; European identity;
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