ABSTRACT

This chapter focuses on a subset of cases - with special reference to the European Union (EU) - in which the popular participation dilemma is complicated by a territorial component. It looks at the EU's specific constitution-making model. This involves a degree of periodization since the EU polity has evolved considerably since the 1950s when it was originally founded. Since the Single European Act there has been popular input, albeit in an asymmetric form involving some though not all member states, into every treaty revision. In terms of the constitutional process and the various dimensions for popular input there is one salient characteristic of the EU constitution-making process that needs to be considered. In the cases of Australia and Switzerland potential future dilemmas about territoriality and popular input were settled, in certain respects, by their foundational constitutions.