Do We Need A New Constitutionalism for the European Union? An Institutional insight in the Draft Treaty
It could be argued that some historical events are responsible for the recent development of the theoretical debate about the constitutionalism. The first one is the development of a transnational political order, where rules and institutions are created in a new way that seems to represent a rupture with the schemes followed in the international agreements. The second one is the end of the Cold war and the transition to constitutional democracies that has occurred in the countries that belong to the ex-communist area. The third one is represented by the European integration, which had shown to have a constitutional dimension in the Amsterdam Treaty and, thereafter, in the Maastricht Treaty. These three events – or, even better said, these three processes – justify, on the empirical ground, the relevance of the constitutional question. This question is twofold: how constitutional provisions work in such a new political contexts; how constitutional provisions achieve a legitimate status and an authoritative meaning when – as it happens now a days – the standard ways followed to create a legitimate power are got over and new schemes are coming out.
|Date of creation:||2004|
|Contact details of provider:|| Postal: Clos Guiot Puyricard - CS 30063, 13089 Aix en Provence Cedex 2|
Phone: 04 42 28 12 08
Fax: +33 (0)4 42 28 08 00
Web page: http://www.univ-cae.org
More information through EDIRC
When requesting a correction, please mention this item's handle: RePEc:cgm:wpaper:09. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Mathieu Bédard)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.