Constitution of the European Union, The: A Contextual Analysis (Constitutional Systems of the World)

Haltern, Ulrich

ISBN 10: 1782257470 / ISBN 13: 9781782257479

Published by Hart Publishing, 2020

About this Item

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Bibliographic Details

• Title: Constitution of the European Union, The: A Contextual Analysis (Constitutional Systems of the World)
• Publisher: Hart Publishing
• Publication Date: 2020
• Language: English
• ISBN 10: 1782257470
• ISBN 13: 9781782257479
• Binding: Soft cover
• Condition: Good

About this title

Synopsis

This book provides a contextual analysis of the constitution of the European Union which, unlike most constitutions, does not belong to a state. Rather, the EU is an international organisation that has moved beyond the features of international law into a terrain very close to the municipal law of federal states. Many features we take for granted in nation-states are non-existent, or contested, in the Union. There is no European Union constitutional text in the proper sense; the 'Constitutional Treaty' signed by the Member States in 2004 failed spectacularly in the process of popular ratification. The Union's founding texts were international treaties – international law, not constitutional law. And yet, over time, legal doctrine put into place by the European Court of Justice in Luxembourg has led to constitutional attributes of Union law, and political practice, led by the Commission, has mirrored these attributes, complementing a de facto constitutionalist environment. As a consequence, we have seen a steady re-ordering of the functional boundaries of the Member States, followed by a nascent re-ordering of the imagined boundaries of political community and self. All of this is constitutionalism writ large: legal doctrines, institutional arrangements, political practices, and their implications for legitimacy, democracy, and political self-imagination, and together they form the subject of this fascinating book.

About the Authors

Ulrich Haltern is Chair of Public Law, EU Law, and Philosophy of Law, and Director of the Munich Center for Law and the Humanities at Ludwig Maximilians University Munich, Germany.

Peter Leyland is Professor of Public Law at SOAS, University of London and Emeritus of London Metropolitan University.

Andrew Harding is Visiting Research Professor at the National University of Singapore, Professor of Law at the University of Reading Malaysia, and a Visiting Professor at the University of Oxford. He is a founding editor of the Hart Publishing book series, Constitutional Systems of World.

Rosalind Dixon is Professor of Law at the University of New South Wales, Australia.

Heinz Klug is John and Rylla Bosshard Professor of Law at the University of Wisconsin Law School, USA, and Visiting Professor of Law in the School of Law at the University of the Witwatersrand, Johannesburg, South Africa. He was Fulbright Scholar at the University of Ghana School of Law 2024-2025.