Webpages tagged with «constitution building»

Published Nov. 9, 2010 10:52 AM

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

Published Nov. 9, 2010 10:52 AM

This paper discusses the inherent problems of political engineering through constitutionmaking. It is argued that conflict is often easier to contain in routine politics than at constitutional moments. How, then, does process inflict on inflict on visions and ideas when attempting to create a viable constitutional entity?

ARENA Working Paper 23/2002 (dwt)

Johan P. Olsen

Published Nov. 9, 2010 10:52 AM

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

Published Nov. 9, 2010 10:52 AM

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

Published Nov. 9, 2010 10:52 AM

This article addresses the critical issue of how constitutional designing of the EU is related to the expression of collective identities.

ARENA Working Paper 07/2009 (pdf)

Hans-Jörg Trenz

Published Nov. 9, 2010 10:52 AM

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

Published Nov. 9, 2010 10:52 AM

The paper treats the classic question of EU legitimacy and debates whether the convention establishing a Constitutional Treaty for Europe has managed to overcome the EU legitimacy deficit. Deliberative theory is applied to evaluate the constitutional process, concluding that the convention by way of increasing reflexivity managed to redress some of the aspects of this deficit.

ARENA Working Paper 04/2005 (pdf)

John Erik Fossum

Published Nov. 9, 2010 10:52 AM

What are the merits of the EU's attempts to forge a constituency? This paper sheds light on the development of a European public sphere by presenting a framework where constituency and polity building are seen to interact, tangibly illustrated in the constitution process.

ARENA Working Paper 19/2005 (pdf)

John Erik Fossum and Hans-Jörg Trenz

Published Nov. 9, 2010 10:52 AM

This paper accounts for constitutional design in a historical perspective, bringing to light the limited practical merits of a range of political thinkers. Nevertheless, it is argued, political theorists have a lot to offer constitutional debates, particularly so to counteract judicial and comparative overweight with fresh ideas.

ARENA Working Paper 26/1997 (html)

Robert Goodin