The Constitution's Gift
A Constitutional Theory for a Democratic European Union
John Erik Fossum author Agustín José Menéndez author
Format:Hardback
Publisher:Rowman & Littlefield
Published:16th Jan '11
Currently unavailable, and unfortunately no date known when it will be back
This authoritative study considers all aspects of the European Union's distinctive constitution since its inception. A unique political animal, the EU has given rise to important constitutional conundrums and paradoxes that John Erik Fossum and Agustín José Menéndez explore in detail. The authors consider the process of forging the EU's constitution and the set of fundamental norms that define the institutional structure, the decision-making procedures, and the foundations of the Union's democratic legitimacy. Their analysis illuminates the distinctive features of the EU's pluralist constitutional construct but also the interesting parallels to the Canadian constitutional experience and provides the tools to understand the Union's development, especially during the Laeken (2001–2005) and Lisbon (2007–2009) processes of constitutional reform. The authors' original theory of constitutional synthesis captures the distinctive traits of the European Union as a polity. It explains why and how the European Communities were established as the first constitutional union of constitutional states wherein integration would be steered by law, not power politics or imperialism. Similarly, it presents the European Union as one of the few examples of a polity that has transcended the paradigm of the nation-state (and perhaps even that of the state). Locating the substance and process of Lisbon in its proper constitutional context, Fossum and Menéndez explain why this should be seen as a new beginning of the Union's constitutional season, not its end. Offering the first history of European constitutional law that is both theoretically informed and normatively grounded, their book will be essential reading for all readers interested in the process and theory of European integration.
This breakthrough book provides new tools for understanding the distinctive features of the EU’s constitutional development—and thereby permits a deeper understanding of the EU’s place in the larger world of Western constitutionalism. -- Bruce Ackerman, Yale University
The theory of constitutional synthesis is a well-argued exercise in normative realism. The authors' intense long-term cooperation across disciplines is clearly visible and has paid off handsomely. -- Christian Joerges, University of Bremen
A brilliant and outstanding work on European constitutionalism, written from a critical democratic point of view. Sharply argued, clearly articulated, and enthralling, this book offers a persuasive argument for carrying the European project forward. -- Hauke Brunkhorst, Flensburg University
Emerging from a masterful blend of interdisciplinary scholarship and intellectual ambition, this theoretical perspective makes visible the normative, analytical, and practical merits of a post-state and post-national understanding of the EU. -- Rainer Schmalz-Bruns, Leibniz University
Historically erudite and broad in its scope, this book explains why and how essential parts of Union law have been severed from the original common constitutional template and have begun to unravel the common bond. A timely and important attempt to address the unfolding crisis. -- Alexander Somek, University of Iowa
Cogently argued and accessible to a broad audience, this volume successfully addresses many of the key issues relating to the ongoing constitutionalization of the European Union. Fossum and Menéndez offer an astute analysis that succeeds in relating European developments to constitutional trends in North America and elsewhere. Highly recommended! -- William E. Scheuerman, Professor of Political Science and International Studies, Indiana University
ISBN: 9780742553118
Dimensions: 240mm x 162mm x 26mm
Weight: 635g
314 pages