Nettsider med emneord « European Convention»

Publisert 9. nov. 2010 10:52

This paper discusses what kind of allegiance the EU Charter of Fundamental Rights might be based upon. Raising the issue of constitutional patriotism, on which similar documents have typically been built in the past, the author argues that recognition of Europe's deep diversity makes a better foundation for allegiance to the Charter.

ARENA Working Paper 05/2003 (pdf)

John Erik Fossum

Publisert 9. nov. 2010 10:52

This papers considers the European constitution-making process in the light of three perspectives of constitutional legitimacy. The evolving treaty, it is claimed, is legitimate in the sense of being (i) functional and (ii) power-constraining. Constitutional legitimacy, however, may also require a (iii) power-establishing or revolutionary character; according to this third perspective, the EU constitutional process does not fully answer the demands of legitimacy.

ARENA Working Paper 14/2003 (pdf)

Hauke Brunkhorst

Publisert 9. nov. 2010 10:52

The paper discusses different ways of perceiving the European Constitution, each carrying implications for debates on its legitimacy. It is argued here that debates on the Constitution must take into account the normative side of the process, drawing the pertinence and evolution of fundamental norms centre stage.

ARENA Working Paper 12/2003 (pdf)

Agustín José Menéndez

Publisert 9. nov. 2010 10:52

What are the achievements of the Convention on the future of Europe? In the light of contrasting constitutional visions, the paper discusses whether the document produced by the Convention should be seen as constitutional treaty or constitution proper. It arrives at the conclusion that no unequivocal judgement can be made; however, the Convention makes certain qualitative leaps away from treaty towards constitutional patriotism.

ARENA Working Paper 21/2003 (pdf)

John Erik Fossum

Publisert 9. nov. 2010 10:52

The paper discusses Joseph Weiler’s proposition of including a reference to Europe’s Christian roots in the Constitution for Europe. By examining the common European heritage as well as comparing with existing European constitutions, it is argued that an explicit religious reference is misleading as well as counterproductive to the development of a common European identity.

ARENA Working Paper 10/2004 (pdf)

Agustín José Menéndez

Publisert 9. nov. 2010 10:52

This paper examines challenges and opportunities linked to democratisaton by constitutionalisation, drawing parrallels between the emerging European polity and experience from comparable entities such as Canada.

ARENA Working Paper 10/2006 (pdf)

John Erik Fossum