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National Constitutional Concepts in the New Constitution for Europe

Published online by Cambridge University Press:  19 May 2005

Jacques Ziller
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Abstract

Notion of constitutional concept varies over time and space. Constitution for Europe as a further step in guaranteeing rights and separating powers. Amongst others French, Italian, German and Swedish national concepts in the Treaties of the European Communities and of the European Union. Several causes for difficult tracing of national concepts in the Constitution for Europe. Convention method: instead of by diplomats and EU experts, drafting by members of Parliament and (former) members of Government. More room for national concepts. The Intergovernmental Conference: the Empire strikes back, but with mixed impact. Parallels with other constitution making procedures. Concept of constitution: structure and size no argument for denying constitutional character; Constitution octroyée v. contrat social; Franco-American revolution v. British tradition.

Keywords

National Constitutional ConceptsEuropean ConstitutionConvention MethodDrafting MethodIntergovernmental ConferenceConstitution octroyée v. contrat socialFranco-American revolution v. British tradition
Type
Articles
Information
European Constitutional Law Review , Volume 1 , Issue 2 , June 2005 , pp. 247 - 271
Copyright
© Asser Press 2005

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