- [UNTITLED]
- Acknowledgements
- Notes on the Contributors
- List of Abbreviations
- Introduction
- Comparative Constitutional Law: A Contested Domain: A. Comparative Constitutional Law: A Continental Perspective
- B. Comparative Constitutional Analysis in United States Adjudication and Scholarship
- Comparative Constitutional Law: Methodologies
- Carving Out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism
- Types of Constitutions
- Constitutionalism in Illiberal Polities
- Constitutionalism and Impoverishment: A Complex Dynamic
- The Place Of Constitutional Law in the Legal System
- Constitutions and Constitutionalism
- Constitution
- Rule of Law
- Democracy
- Conceptions of the State
- Rights and Liberties as Concepts
- Constitutions and the Public/Private Divide
- State Neutrality
- The Constitution and Justice
- Sovereignty
- Human Dignity and Autonomy in Modern Constitutional Orders
- Gender in Constitutions
- Constitution-Making: Process and Substance
- States of Emergency
- War Powers
- Secession and Self-Determination
- Referendum
- Elections
- Horizontal Structuring
- Federalism: Theory, Policy, Law
- Internal Ordering in the Unitary State
- Presidentialism
- Parliamentarism
- The Regulatory State
- Constitutional Interpretation
- Proportionality (1)
- Proportionality (2)
- Constitutional Identity
- Constitutional Values and Principles
- Ensuring Constitutional Efficacy
- Constitutional Courts
- Judicial Independence as a Constitutional Virtue
- The Judiciary: The Least Dangerous Branch?
- Political Parties and the Constitution
- Freedom of Expression
- Freedom of Religion
- Due Process
- Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association)
- Privacy
- Equality
- Citizenship
- Socio-Economic Rights
- Economic Rights
- The Constitutionalization of Abortion
- Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law
- Group Rights in Comparative Constitutional Law: Culture, Economics, or Political Power?
- Affirmative Action
- Bioethics and Basic Rights: Persons, Humans, and Boundaries of Life
- Internationalization of Constitutional Law
- The European Union's Unresolved Constitution
- The Constitutionalization of Public International Law
- Jurisprudence of the European Court of Human Rights and the Constitutional Systems of Europe
- Militant Democracy
- Constitutionalism and Transitional Justice
- Islam and the Constitutional Order
- Constitutional Transplants, Borrowing, and Migrations
- The Use of Foreign Law in Constitutional Interpretation
- Index
Abstract and Keywords
This article shows how widespread and how volatile the language of constitutionalism has become in today's EU. It poses the baseline question of the very possibility of a constitutional law for the EU — a question that all positions in favour of a constitution, written or unwritten, are bound to answer affirmatively. The article begins by considering the EU against a general background of constitutional imagination and definition. In so doing, it explains why our understanding of the EU is influenced by the historic centrality of the modern state to constitutional theory and practice, but also why, in these inescapable but incomplete terms, the EU is an unresolved constitutional entity. It then considers how the EU's putatively constitutional features have emerged and unfolded, in so doing focusing on the centrality of law. And as this centrality has come under pressure in the mature EU, the article looks at the changing constitutional challenges and opportunities of this new post-state polity.
Keywords: EU, constitutional law, constitutionalism, modern state, constitutional theory
Neil Walker is Regius Professor of Public Law and the Law of Nature and Nations, University of Edinburgh
Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
Please subscribe or login to access full text content.
If you have purchased a print title that contains an access token, please see the token for information about how to register your code.
For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.
- [UNTITLED]
- Acknowledgements
- Notes on the Contributors
- List of Abbreviations
- Introduction
- Comparative Constitutional Law: A Contested Domain: A. Comparative Constitutional Law: A Continental Perspective
- B. Comparative Constitutional Analysis in United States Adjudication and Scholarship
- Comparative Constitutional Law: Methodologies
- Carving Out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism
- Types of Constitutions
- Constitutionalism in Illiberal Polities
- Constitutionalism and Impoverishment: A Complex Dynamic
- The Place Of Constitutional Law in the Legal System
- Constitutions and Constitutionalism
- Constitution
- Rule of Law
- Democracy
- Conceptions of the State
- Rights and Liberties as Concepts
- Constitutions and the Public/Private Divide
- State Neutrality
- The Constitution and Justice
- Sovereignty
- Human Dignity and Autonomy in Modern Constitutional Orders
- Gender in Constitutions
- Constitution-Making: Process and Substance
- States of Emergency
- War Powers
- Secession and Self-Determination
- Referendum
- Elections
- Horizontal Structuring
- Federalism: Theory, Policy, Law
- Internal Ordering in the Unitary State
- Presidentialism
- Parliamentarism
- The Regulatory State
- Constitutional Interpretation
- Proportionality (1)
- Proportionality (2)
- Constitutional Identity
- Constitutional Values and Principles
- Ensuring Constitutional Efficacy
- Constitutional Courts
- Judicial Independence as a Constitutional Virtue
- The Judiciary: The Least Dangerous Branch?
- Political Parties and the Constitution
- Freedom of Expression
- Freedom of Religion
- Due Process
- Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association)
- Privacy
- Equality
- Citizenship
- Socio-Economic Rights
- Economic Rights
- The Constitutionalization of Abortion
- Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law
- Group Rights in Comparative Constitutional Law: Culture, Economics, or Political Power?
- Affirmative Action
- Bioethics and Basic Rights: Persons, Humans, and Boundaries of Life
- Internationalization of Constitutional Law
- The European Union's Unresolved Constitution
- The Constitutionalization of Public International Law
- Jurisprudence of the European Court of Human Rights and the Constitutional Systems of Europe
- Militant Democracy
- Constitutionalism and Transitional Justice
- Islam and the Constitutional Order
- Constitutional Transplants, Borrowing, and Migrations
- The Use of Foreign Law in Constitutional Interpretation
- Index