Any examination of institutional change in Europe demands examination of law and legal processes of the European Community.1 The Treaty of Rome and its interpretation by the Court of Justice has effected considerable institutional change in the member states of the European Community, albeit in limited policy fields. This may appear counter-intuitive to some. Legal systems are ordinarily thought of as conservative or stabilising institutions, a structural impediment to social change rather than a facilitator of transformation. Nevertheless, even a preliminary acquaintance with the history of the US Constitution, for example, suggests that the role of law cannot be confined to that of stabilising social or political expectations. While these remain fundamental objectives of law, the impact of a codifying or constitutional law, where it is superimposed on diverse subsidiary legal systems, is often radical change (Ely, 1980) .