We, the peoples? Constitutionalizing the European Union

Abstract:

This article reviews arguments in favour of a formal, written constitution for Europe, and concludes with a better suggestion - a Basic European Law. The article also criticizes the wholehearted embrace of 'popular constitution-making'. It does so by drawing on comparative evidence from constitution-making processes in various historical time periods and world regions. It poses three essential questions to organize the debate. First, why a European constitution? Second, what kind of European constitution? Third, how a European constitution?

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