Three conceptions of the European Constitution

Agustín José Menéndez

No 12, ARENA Working Papers from ARENA

Abstract: In this essay, it is argued that legal and political argument on the European constitution requires putting forward a normative conception of the constitution. Next to the formal and material understandings of the constitution, there is a need for a conception that determines the legitimacy basis of constitutional norms. This has considerable implications for the way in which constitution-making takes place. In particular, a critical normative conception of the constitution would render clear that any legitimate attempt at changing the basic constitutional norms presupposes a reinforced type of legitimacy. That has not yet been met in the European Union, but it might be attained in forthcoming constitutional moments.

Keywords: constitution building; constitutional change; European Convention; legitimacy (search for similar items in EconPapers)
Date: 2003-07-01
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