After the Constitutional Moment

The Federal Trust Constitutional Online Paper Series No. 32/03

15 Pages Posted: 15 Apr 2004

See all articles by Neil Walker

Neil Walker

University of Edinburgh, School of Law

Date Written: November 2003

Abstract

The purpose of this paper is to investigate the various different conceptions of the European polity making project which might have been and indeed, if to differing degrees, were drawn upon and mobilised in the Constitutional Convention process, to examine the traces that each left in the DCT itself and in the political climate surrounding the DCT and its reception, and, in the light of this, to examine the longer term prospects for the impact of any settled constitutional text. The rival conceptions that are examined include sceptical, incrementalist, serialist, processualist, and, finally, more transformative perspectives concerning the nature of the EU polity. On the basis of a broad and long-term understanding of constitutional function, the author argues for the continuing viability and desirability of the transformative reading of the Constitution.

Keywords: draft Constitutional Treaty, Convention, constitutionalisation

Suggested Citation

Walker, Neil, After the Constitutional Moment (November 2003). The Federal Trust Constitutional Online Paper Series No. 32/03. Available at SSRN: https://ssrn.com/abstract=516783 or http://dx.doi.org/10.2139/ssrn.516783

Neil Walker (Contact Author)

University of Edinburgh, School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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