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EU Constitutionalism in the State Constitutional Tradition


  • Neil Walker


This paper sets out to examine whether and on what basis it is possible to 'carry over' the state constitutional tradition to the European Union context. It makes a case for a context-transcending five-dimensional conception of constitutionalism, embracing legal order, political system, self-authorization, societal integration and political reflexivity. It argues that the EU presently possesses a truncated constitutionalism in which only the first two dimensions are well-developed, and that its long-term legitimacy depends upon the fuller development of the last three dimensions- whether or not in the form of a documentary Constitution.

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  • Neil Walker, 2006. "EU Constitutionalism in the State Constitutional Tradition," EUI-LAW Working Papers 21, European University Institute (EUI), Department of Law.
  • Handle: RePEc:erp:euilaw:p0056

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    References listed on IDEAS

    1. Follesdal, Andreas & Hix, Simon, 2005. "Why There is a Democratic Deficit in the EU: A Response to Majone and Moravcsik," European Governance Papers (EUROGOV) 2, CONNEX and EUROGOV networks.
    2. Mario Savino, 2005. "The Constitutional Legitimacy of the EU Committees," Les Cahiers européens de Sciences Po 3, Centre d'études européennes (CEE) at Sciences Po, Paris.
    3. repec:cup:apsrev:v:99:y:2005:i:01:p:29-43_05 is not listed on IDEAS
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