ABSTRACT

Many constitutions criticized from many angles but can be said to have contributed to the legitimacy of the respective political systems, all the same. The notion of legitimacy is a diffuse and complex one, usually combining the aspects of legality, acceptability and acceptance of a system of government. The British, on the one hand, live quite happily without a written constitution and not dream of deeming their government illegitimate. Diceyan tradition have it that a written, that is, rigid' constitution is detrimental to democratic politics as embodied in parliamentary sovereignty. Allegedly, the Laeken Process' was set in motion to foster public debate, Europe-wide, about the need and contents of European constitutionalization. The work of the Convention installed with the Laeken Declaration of 15 December 2001 formed the core of deliberation phase', to be followed by a more comprehensive debate in the national publics on the Convention's recommendations before the Intergovernmental Conference (IGC) was to come to final decision.