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Constitutional concepts within the process of European integration

Authors
Journal
Futures
0016-3287
Publisher
Elsevier
Publication Date
Volume
38
Issue
2
Identifiers
DOI: 10.1016/j.futures.2005.04.015
Disciplines
  • Law
  • Political Science

Abstract

Abstract In order to come to an understanding concerning the questions surrounding the drafting of a European constitution, one must differentiate the three different meanings of the word ‘constitution’ by virtue of the very nature of its beginnings. The concept of a constitution in the organisational sense is the first possible way to understand the term. As such, ‘Constitution'is synonymous with the organizational founding statute of any association or collective. Separate from this is a second possible context of the term, which refers to the legal meaning of the word. Here, the expression is understood as the highest legal norm of an autonomous legal order, its first and highest law. Within both of these meanings, one can speak of a ‘European Constitution’. A third, political way of understanding the term refers to the concept of the constitution as an ordering idea, which a specific place to the internal and external independent political unity combines and which orders from the outside inward. In other words, with this is concerned the question, why exactly this specific space within these specific limits to the independent political unity should be combined/bound. The introduction of such an order upon which can be founded, why exactly this concrete space in the specific limits as independent unity should be constituted, is still not today found for Europe.

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