Webpages tagged with « constitutional change»

This papers considers the European constitution-making process in the light of three perspectives of constitutional legitimacy. The evolving treaty, it is claimed, is legitimate in the sense of being (i) functional and (ii) power-constraining. Constitutional legitimacy, however, may also require a (iii) power-establishing or revolutionary character; according to this third perspective, the EU constitutional process does not fully answer the demands of legitimacy.

ARENA Working Paper 14/2003 (pdf)

Hauke Brunkhorst

The paper discusses different ways of perceiving the European Constitution, each carrying implications for debates on its legitimacy. It is argued here that debates on the Constitution must take into account the normative side of the process, drawing the pertinence and evolution of fundamental norms centre stage.

ARENA Working Paper 12/2003 (pdf)

Agustín José Menéndez

This paper discusses the ‘agencification’ and fragmentation of national governments, and questions whether a ‘methodological nationalism’ has hindered us from seeing the emerging executive centre at the level above, i.e. the European Commission, and the re-coupling of nationally decoupled agencies into a multilevel Union administration.

ARENA Working Paper 05/2007 (pdf)

Morten Egeberg

The paper discusses Joseph Weiler’s proposition of including a reference to Europe’s Christian roots in the Constitution for Europe. By examining the common European heritage as well as comparing with existing European constitutions, it is argued that an explicit religious reference is misleading as well as counterproductive to the development of a common European identity.

ARENA Working Paper 10/2004 (pdf)

Agustín José Menéndez