ABSTRACT

In a methodological vein, the political constitution, the economic constitution, and the social constitution are regularly distinguished and increasingly receive separate treatment as a matter of course in constitutional law and theory. This chapter focuses on how this separation arose and became constitutionally entrenched in the trajectory of European integration. It investigates on what this separation means for European constitutionalism and how it contrasts with the traditional view that saw tension where currently see disconnection. The genealogy of European economic constitutionalism seeks its origins in the school of ordo-liberalism and its conceptualization of the economic constitution in opposition to the understandings of it propounded by Hugo Sinzheimer in the Weimar republic. The narrative K. Tuori offers is one of internal shifts, reactions and competition: a fascinating account of how successive understandings of European constitutionalism with their alternate emphases came to dominate the trajectory of European integration, as well as the challenge they pose to current understandings of European constitutionalism.