After the Constitutional Moment
The Federal Trust Constitutional Online Paper Series No. 32/03
15 Pages Posted: 15 Apr 2004
Date Written: November 2003
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
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