The European Union and Global Constitutionalism

Draft of a chapter to be published in Anthony F Lang, Jr and Antje Wiener, eds., Handbook on Global Constitutionalism (Edward Elgar Publishers, 2017), Forthcoming

Edinburgh School of Law Research Paper No. 2017/02

19 Pages Posted: 30 Jan 2017 Last revised: 24 Feb 2017

Jo Shaw

University of Edinburgh

Date Written: January 30, 2017

Abstract

This chapter examines narratives of constitutionalism and the ebb and flow of constitutional ideas and practices within and across the European Union and its Member States from the inception of the treaties to the present day. It seeks to establish to what extent the European Union manifests a ‘constitutional’ legal and political order. It focuses on the contribution of legal rules to developing constitutional structures, as well as the role of ideas in relation to legal rules. The original objectives of the so-called ‘founding fathers’ of European integration concerned the promotion of peace, prosperity and a form of non-nationalist supranationalism. In many respects, the EU has been remarkably successful, given the history of the European continent right through to the middle of the twentieth century. The ‘constitutionalised treaties’ have been at the heart of that success. But now we must pay attention to recent challenges, resulting from the financial crisis, the travails of the Eurozone, problems in the EU’s near abroad, and the arrival of large numbers of refugees at and beyond the external borders of the EU. In an era of national reactions against neo-liberalism and globalisation, the role of the EU and specifically of the Court of Justice of the EU is increasingly under question.

Keywords: Constitutionalism, European Union, European integration, integration through law, Court of Justice of the European Union

Suggested Citation

Shaw, Jo, The European Union and Global Constitutionalism (January 30, 2017). Draft of a chapter to be published in Anthony F Lang, Jr and Antje Wiener, eds., Handbook on Global Constitutionalism (Edward Elgar Publishers, 2017), Forthcoming; Edinburgh School of Law Research Paper No. 2017/02. Available at SSRN: https://ssrn.com/abstract=2908075 or http://dx.doi.org/10.2139/ssrn.2908075

Jo Shaw (Contact Author)

University of Edinburgh ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

HOME PAGE: http://www.law.ed.ac.uk/staff/joshaw/

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