ABSTRACT
In this chapter, the authors present their view regarding the constitution as a normative-purposive construct based on a conception which can be defined 'neo-classical'. The distinction between the Constitution in the material and the formal sense is made by Hans Kelsen too. A sizeable part of the chapter revolves around the latter. One of the main functions of the material constitution is in fact to guarantee the immutability of the 'constitutional core', which in turn coincides with the ends which it consists of from a substantive perspective. By applying the tenets of the material constitution to the European Union, Marco Goldoni has recently argued that the EU has a material constitution indeed, although a relatively fragile one. Alternative ideas and political views regarding the process of integration cannot make their way through any legal process able to affect EU legislation. The point of contention was about allegedly disproportionate use by the ECB of monetary policy, thereby impinging on political economy.
