Joseph Weiler, Eric Stein, and the Transformation of Constitutional Law

Forthcoming in: Revisiting the Transformation of Europe, M. Maduro and M. Wind, Eds. (Cambridge Univ. Press)

U of Michigan Public Law Research Paper No. 398

16 Pages Posted: 7 Apr 2014 Last revised: 17 Apr 2014

Daniel Halberstam

University of Michigan Law School

Date Written: April 1, 2014

Abstract

This short essay takes a fresh look at Joseph Weiler’s classic article "The Transformation of Europe," situating that piece in a line of scholarship that begins with the work of Eric Stein and culminates in current scholarship on constitutional pluralism.

The essay provides a critical analysis of how "The Transformation of Europe" used the idea of "constitutionalism." In particular, it appears "The Transformation of Europe" deployed that idea in a more limited "rule-of-law" sense, not in a broader "generative" sense that takes the emancipation of European governance from the strict service of the Member States as key to the claim of constitutionalism. More properly understood in this broader sense, constitutionalism in Europe calls for a history that accounts for such emancipation, and demands a present politics commensurate with such a far-reaching claim of governance. Ultimately, the broad view of constitutionalism in Europe suggests a development with implications beyond Europe as well: the transformation of constitutional law.

Keywords: Constitutional Law, Eric Stein, Joseph Weiler, Transformation of Europe, Rule of Law, Constitutionalism

JEL Classification: K1, K33

Suggested Citation

Halberstam, Daniel, Joseph Weiler, Eric Stein, and the Transformation of Constitutional Law (April 1, 2014). Forthcoming in: Revisiting the Transformation of Europe, M. Maduro and M. Wind, Eds. (Cambridge Univ. Press); U of Michigan Public Law Research Paper No. 398. Available at SSRN: https://ssrn.com/abstract=2421464

Daniel Halberstam (Contact Author)

University of Michigan Law School ( email )

625 South State Street
342 Hutchins Hall
Ann Arbor, MI 48109-1215
United States
734-763-4408 (Phone)
734-763-9375 (Fax)

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