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Jan 18, 2021 · The article shows that the type of constitutionalism dominant in a Member State influences its conception of the nature of the EU and its legal and political relationship to the project of European integration. The EU is therefore characterised by a fundamental constitutional asymmetry.
In this chapter, ‘European constitutionalism’ refers to European Union constitutionalism. European constitutionalism will be examined as an epitome of transnational constitutionalism; i.e. as a species of constitutionalism distinct from state or national constitutionalism.
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What is European constitutionalism?
How does European constitutionalism interact with member state constitutionalism?
What makes the Euro-pean constitution unique?
Was European constitutionalism a depoliticized and essentialist view of democracy?
The purpose of this Charter is to identify and articulate the constitutional principles which form the foundations of a European liberal democratic state. The underlying premise is that
Thus constitutionalism encompasses institutional devices and procedures which determine the formations, structure and orderly functioning of gov-ernment, and it embodies the basic ideas, principles and values of a polity which aspires.
The fundamental provisions of the Constitution: definition of the European Union, its objectives, its powers, its institutions and its decision-making procedures. The Charter of Fundamental Rights. The policies and functioning of the Union. The procedures for adoption and revision of the Treaty.
European constitutionalism must be examined in its interaction with Member State constitutionalism, which plays an essential role in channelling democratic legitimacy to the EU. Written by a leading expert in the field, this book will be of great interest to students and scholars alike.
