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The Rise and Fall of the European Constitution

Editor(s): NW Barber, Maria Cahill, Richard Ekins
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Published: 10-01-2019
Format: Hardback
Edition: 1st
Extent: 248
ISBN: 9781509910984
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £60.00
Online price : £54.00
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Loren Epson

About The Rise and Fall of the European Constitution

The Draft European Constitution was arguably both an attempt to constitutionalise the Union, re-framing that project in the language of the state, and an attempt to stretch the boundaries of constitutionalism itself, re-imagining that concept to accommodate the sui generis European Union. The (partial) failure of this project is the subject of this collection of essays. The collection brings together leading EU constitutional scholars to consider, with the benefit of hindsight, the purportedly constitutional character of the proposed Constitutional Treaty, the reasons for its rejection by voters in France and the Netherlands, the ongoing implications of this episode for the European project, and the lessons it teaches us about what constitutionalism really means.

Table Of Contents

1. Introduction
2. From the Years of the Convention to the Years of Brexit. Where Do We Go from Here?
Giuliano Amato
3. Constitutionalisation without Constitution: A Democracy Problem
Dieter Grimm
4. The EU's Constitutional Moment: A View from the Ground Up
Kalypso Nicolaidis
5. Treaty Amendment, the Draft Constitution and European Integration
Paul Craig
6. The European Constitution and Europe's Dialectical Federalism
Erin F Delaney
7. The Two Europes
NW Barber
8. The Competence Catalogue in the Treaty Establishing a Constitution and the Treaty of Lisbon: Improvement, but at a Cost
Stephen Weatherill
9. The Charter of Fundamental Rights and the EU's Shallow Constitutionalism
Dorota Leczykiewicz
10. The EU Constitution, Sovereignty and the Problem of Primacy
Gunnar Beck
11. Europe's Constitutional Overture
Neil Walker
12. The European Constitution and 'the Compulsion to Grand Politics'
Richard Mullender
13. Recollections from and Reflections on the Making and Failure of the European Constitution
Gisela Stuart


“[T]his “ripe” collection of recollections and reflections on the most essential and controversial issues that let the EU's constitutional moment be bygone presents an inspiring, critical and yet affirmative account on the rise and resurgence of the European Constitution.” –  Andriy Tyushka, College of Europe, Journal of Common Market Studies

“[W]orthwhile reading not only by EU law and political science scholars, but also by a broader public.” –  Jacques Ziller, Common Market Law Review

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