Three conceptions of the European Constitution

In this essay, it is argued that legal and political argument on the European constitution requires putting forward a normative conception of the constitution. Next to the formal and material understandings of the constitution, there is a need for a conception that determines the legitimacy basis of constitutional norms. This has considerable implications for the way in which constitution-making takes place. In particular, a critical normative conception of the constitution would render clear that any legitimate attempt at changing the basic constitutional norms presupposes a reinforced type of legitimacy. That has not yet been met in the European Union, but it might be attained in forthcoming constitutional moments.