ABSTRACT

In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory.

The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders:

* European values, especially the legitimate role of alleged common values
* liberty and powers - how does the draft Constitution address competing normative preferences?
* the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.

chapter |13 pages

Is Euro-federalism a solution or a problem?

Tocqueville inverted, perverted or subverted?

chapter |17 pages

The EU as a self-sustaining federation

Specifying the constitutional conditions

chapter |16 pages

A union of peoples?

Diversity and the predicaments of a multinational polity

chapter |19 pages

The Good, the Bad and the Ugly

The need for constitutional compromise and the drafting of the EU Constitution

chapter |16 pages

Europe

United under God? Or not?

chapter |17 pages

The constitutional labelling of ‘The democratic life of the EU'

Representative and participatory democracy 1

chapter |13 pages

An institutional dialogue on common principles

Reflections on the significance of the EU Charter of Fundamental Rights

chapter |11 pages

Motivating judges

Democracy, judicial discretion, and the European Court of Human Rights